STONE, Circuit Judge.
Appellant was accused in an indictment containing three counts. The first count was eliminated by an order sustaining a plea of autrefois acquit. There was a verdict of acquittal on the second count. From a judgment of conviction on the third count, this appeal is brought.
The third count is as follows: "And the grand jurors of the United States aforesaid, impaneled, examined, sworn and charged as aforesaid, to inquire of and concerning...
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