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FLYNN v. TEMPLETON

36 F.2d 499 (1929)

FLYNN v. TEMPLETON, U. S. Atty., et al.

District Court, W. D. New York.

November 19, 1929.

Attorney(s) appearing for the Case

Hugh J. O'Brien, of Rochester, N. Y., for plaintiff.

Richard H. Templeton, U. S. Atty., of Buffalo, N. Y., for defendants.

HAZEL, District Judge.

In this suit in equity, a unique situation is presented by the bill, which avers that complainant, after being indicted for violation of a federal statute — the Harrison Narcotic Act — on his plea of not guilty, was, in September, 1925, tried and convicted on the first count and sentenced to two years in the federal prison at Atlanta, Ga. The bill avers that such count of the indictment failed to allege any offense against the...

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