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DROPPS v. UNITED STATES

No. 8219.

34 F.2d 15 (1929)

DROPPS v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

July 1, 1929.

Attorney(s) appearing for the Case

E. W. Swenson, of Foley, Minn., for appellant.

Lewis L. Drill, U. S. Atty., and George A. Heisey, Asst. U. S. Atty., both of St. Paul, Minn.

Before KENYON and VAN VALKENBURGH, Circuit Judges, and OTIS, District Judge.

OTIS, District Judge.

In the District Court appellant was found guilty of violating section 117 of the Criminal Code (section 207, title 18, U. S. C. [18 USCA § 207]) and was sentenced to imprisonment in the United States penitentiary at Leavenworth for three years and to pay a fine of $100. He has appealed from that judgment on the grounds, first, that the indictment charges no offense within section 117, and, second, that that section is unconstitutional. The...

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