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BOGILENO v. UNITED STATES

No. 446.

52 F.2d 604 (1931)

BOGILENO v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

September 23, 1931.

Attorney(s) appearing for the Case

William T. Burris, of Pueblo, Colo., for appellant.

Jean S. Breitenstein, Asst. U. S. Atty. of Denver, Colo. (Ralph L. Carr, U. S. Atty., and John G. Reid, Asst. U. S. Atty., both of Denver, Colo., on the brief), for the United States.

Before LEWIS and McDERMOTT, Circuit Judges, and JOHNSON, District Judge.

PER CURIAM.

On a first appeal of this case, a conviction was reversed because of error in the charge to the jury. (C. C. A.) 38 F.2d 584. We held, however, that the indictment charged an offense under section 91, title 18, U. S. Code (18 USCA § 91), and that the evidence was sufficient to support a conviction upon the first count. Upon the present trial, the trial court directed a verdict of acquittal upon the second count. While...

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