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KING v. UNITED STATES

No. 4889.

25 F.2d 242 (1928)

KING v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

April 5, 1928.

Attorney(s) appearing for the Case

L. H. Graves, of Memphis, Tenn., for plaintiff in error.

Herbert L. Harper, Asst. U. S. Atty., of Memphis, Tenn. (Lindsay B. Phillips, U. S. Atty., and Arthur G. Brode, Asst. U. S. Atty., both of Memphis, Tenn., on the brief), for the United States.

Before DENISON, Circuit Judge, and TUTTLE and HICKENLOOPER, District Judges.

HICKENLOOPER, District Judge.

The plaintiff in error complains of a sentence pronounced June 2, 1926, upon a verdict of guilty returned June 3, 1925. The case was tried at the May, 1925, term of the District Court at Memphis; that is to say, on June 1, 2, and 3, 1925. The district attorney did not move for sentence immediately, and no action was taken upon the verdict prior to the death of the trial judge, which occurred July 9, 1925. The November term commenced November...

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