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FISHER v. UNITED STATES

No. 3094.

46 F.2d 994 (1931)

FISHER v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

January 21, 1931.

Attorney(s) appearing for the Case

J. Raymond Gordon, of Charleston, W. Va., for appellant.

James Damron, U. S. Atty., of Huntington, W. Va. (Philip Angel, Asst. U. S. Atty., of Huntington, W. Va., on the brief), for the United States.

Before PARKER and NORTHCOTT, Circuit Judges, and WATKINS, District Judge.

PER CURIAM.

Alpha Fisher, appellant herein, was indicted upon two counts for violation of section 3296, Revised Statutes (26 USCA § 404). Upon call of the case he demurred to the indictment and moved to quash same, which motion was overruled; whereupon he was tried and convicted before a jury on both counts. He appealed, assigning error because of the refusal to quash the indictment and for failure to exclude the testimony of the government's witnesses and subsequently...

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