HENDERSON v. UNITED STATES

No. 2675.

24 F.2d 811 (1928)

HENDERSON v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

March 1, 1928.


Attorney(s) appearing for the Case

Charles L. Abernethy, of New Bern, N. C. (J. H. Davis and Abernethy & Abernethy, all of New Bern, N. C., on the brief), for plaintiff in error.

Irvin B. Tucker, U. S. Atty., of Whiteville, N. C.

Before WADDILL, PARKER, and NORTHCOTT, Circuit Judges.


NORTHCOTT, Circuit Judge.

The plaintiff in error, who was the defendant below, and who will be referred to here as the defendant, was charged in the District Court of the United States for the Eastern District of North Carolina, at New Bern, with violating section 39 of the United States Criminal Code (18 USCA § 91), and was convicted and sentenced to serve a year and a day in the Atlanta penitentiary and fined $200.

The material part of the bill of indictment...

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