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SMILER v. UNITED STATES

No. 5077.

24 F.2d 22 (1928)

SMILER v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied February 20, 1928.

Attorney(s) appearing for the Case

Marx G. Sabel and Harry W. Reinstine, both of Jacksonville, Fla. (I. A. Zacharias, M. G. Sabel and Harry W. Reinstine, all of Jacksonville, Fla., and Cyril F. Dos Passos, of New York City, on the brief), for plaintiff in error.

Wm. M. Gober, U. S. Atty., of Tampa, Fla., and Francis L. Poor, Asst. U. S. Atty., of Jacksonville, Fla., for the United States.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

WALKER, Circuit Judge.

The indictment in this case charged that the plaintiff in error (herein called the defendant), "while acting on behalf of the United States in an official capacity as an internal revenue agent, appointed as such by the Commissioner of Internal Revenue, on July 1, 1924, with the approval of the Secretary of the Treasury of the United States," asked and received from one Jeff Rigdon $1,000, "with the intent * * * to have his action influenced...

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