LEWIS, Circuit Judge.
Plaintiff in error was found guilty and sentenced to imprisonment and to pay a fine under an indictment which charged that "at about the hour of 7 o'clock in the morning on the 28th day of October, 1926, at a point immediately in front of premises located in the City of Ardmore known as the Key Drug Store, and in the presence of Claud Whitenack and Victor J. Buthod, in Carter County and State of Oklahoma, Emmett Key wilfully, unlawfully and feloniously...
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