GIBSON v. UNITED STATES

No. 9186.

53 F.2d 721 (1931)

GIBSON v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied December 29, 1931.


Attorney(s) appearing for the Case

Charles T. Gibson, of Chariton, Iowa, pro se.

Ray C. Fountain, Asst. U. S. Atty., of Des Moines, Iowa (Ross R. Mowry, U. S. Atty., of Newton, Iowa, and Frank F. Wilson, Asst. U. S. Atty., of Mt. Ayr, Iowa, on the brief), for the United States.

Before KENYON and GARDNER, Circuit Judges, and REEVES, District Judge.


GARDNER, Circuit Judge.

Defendant was convicted under an indictment containing four counts. The first three counts charged violation of section 338, title 18, of the United States Code (18 USCA § 338), while the fourth count charged a violation of section 88, title 18, of the United States Code (18 USCA § 88). The case was first tried at the October, 1930, term, held at Creston, Iowa, at which time the jury disagreed, and the cause was then passed to the...

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