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BOASBERG v. UNITED STATES

No. 6381.

60 F.2d 185 (1932)

BOASBERG v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied August 26, 1932.

Attorney(s) appearing for the Case

Edwin H. Grace, of New Orleans, La., for appellant.

E. E. Talbot, U. S. Atty., and W. S. Benedict, Asst. U. S. Atty., both of New Orleans, La.

Before BRYAN, FOSTER, and SIBLEY, Circuit Judges.

SIBLEY, Circuit Judge.

The appellant was convicted by a jury for mailing a circular concerning a scheme similar to a lottery, to wit, playing "keno," in violation of 18 USCA § 336. Errors mainly urged are the overruling of a demurrer to the indictment, of a motion to instruct a verdict of not guilty, and one to arrest the judgment. The words of the section here material are: "No letter, package, postal card, or circular concerning any lottery, gift enterprise...

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