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BEACH v. UNITED STATES

No. 7322.

19 F.2d 739 (1927)

BEACH v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

May 23, 1927.

Attorney(s) appearing for the Case

E. H. Foster, of Amarillo, Tex., for plaintiff in error.

Lafayette French, Jr., U. S. Atty., of St. Paul, Minn., for defendant in error.

Before SANBORN and BOOTH, Circuit Judges, and KENNAMER, District Judge.

WALTER H. SANBORN, Circuit Judge.

The defendant below was indicted, tried, and convicted of the offense denounced by section 117 of the Criminal Code (section 10287 of the Compiled Statutes). So far as relevant to the questions in this case that section provides:

"Whoever, being an officer of the United States, or a person acting for or on behalf of the United States, in any official capacity, under or by virtue of the authority of any department or office...

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