DAY v. UNITED STATES

No. 8096.

28 F.2d 586 (1928)

DAY v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

September 29, 1928.


Attorney(s) appearing for the Case

Pratt P. Bacon, of Texarkana, Ark., for plaintiff in error.

S. S. Langley, U. S. Atty., and W. N. Ivie, Asst. U. S. Atty., both of Ft. Smith, Ark.

Before BOOTH, Circuit Judge, and POLLOCK and DEWEY, District Judges.


BOOTH, Circuit Judge, delivered the opinion of the court.

This is a writ of error to a judgment of conviction for violation of certain internal revenue laws (U. S. C. tit. 26, §§ 281, 284, 303, 304, 306 [26 USCA §§ 281, 284, 303, 304, 306]). The indictment contained six counts. The first read as follows:

"That on the 12th day of July, A. D. 1927, in said Division and District, before the finding of this indictment, and within the jurisdiction...

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