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CAPONE v. UNITED STATES

No. 4457.

51 F.2d 609 (1931)

CAPONE v. UNITED STATES.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied September 25, 1931.

Attorney(s) appearing for the Case

Dennis M. Kelleher, of Fort Dodge, Iowa, and George Norman Murdock, of Chicago, Ill., for appellant.

George E. Q. Johnson, U. S. Atty., of Chicago, Ill., Cassius Poust, Asst. U. S. Atty., of Sycamore, Ill., Jacob I. Grossman, Asst. U. S. Atty., of Chicago, Ill., and Dwight H. Green and Alfred Page, Sp. Assts. to Atty. Gen.

Before ALSCHULER, EVANS, and SPARKS, Circuit Judges.

EVANS, Circuit Judge (after stating the facts as above).

Pertinent statutory provisions are set forth in the margin.1

Each count of the first indictment and each count of the third indictment attempts to charge a violation of section 80, title 18, USCA. Appellant contended that no offense is set forth in any of the four counts of these two indictments. He properly presented the question...

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