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BILLITER v. UNITED STATES

No. 5044.

23 F.2d 678 (1928)

BILLITER v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

January 17, 1928.

Attorney(s) appearing for the Case

Larry Bevan, of Toledo, Ohio, for plaintiff in error.

Harry G. Levey, Asst. U. S. Atty., of Toledo, Ohio.

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

PER CURIAM.

The errors assigned being examined, we find only one requiring comment. Upon the argument to the jury, the district attorney indulged in denunciation of the respondent and comment upon his bad character, going distinctly beyond permissible limits. Volkmor v. U. S. (C. C. A.) 13 F.2d 594. The respondent's counsel objected to this comment as being misconduct by the district attorney. The court said, "That may

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