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KELLY v. UNITED STATES

No. 4373.

46 F.2d 286 (1931)

KELLY et al. v. UNITED STATES.

Circuit Court of Appeals, Third Circuit.

January 6, 1931.

Attorney(s) appearing for the Case

F. M. P. Pearse, of Newark, N. J. (Max Mehler, of Newark, N. J., on the brief), for appellants.

Phillip Forman, U. S. Atty., of Trenton, N. J., and John Grimshaw, Jr., Asst. U. S. Atty., of Paterson, N. J.

Before BUFFINGTON and WOOLLEY, Circuit Judges, and THOMPSON, District Judge.

BUFFINGTON, Circuit Judge.

In the court below, defendants were convicted on two counts of an indictment charging crimes noted in section 32 of the Criminal Code (18 USCA § 76), which reads: "Whoever, with intent to defraud * * * any person, shall falsely assume or pretend to be an officer or employee acting under the authority of the United States * * * or shall in such pretended character demand or obtain from any person * * * any money * * * shall be fined...

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