PHILLIPS, Circuit Judge.
This is an appeal from a judgment denying a petition for habeas corpus.
The petitioner was tried and convicted in the United States District Court for the District of Oregon upon Counts 2 and 3 of an indictment, which charged violations of sections 398 and 399, title 18, U. S. Code (18 USCA §§ 398, 399), respectively.
Count 2 of such indictment charged:
"That George Kavalin * * * and Jim Gavolis * * * on or...
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