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WIGGINS v. UNITED STATES

No. 6918.

64 F.2d 950 (1933)

WIGGINS v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied June 2, 1933.

Attorney(s) appearing for the Case

Murphy & Doherty, of Los Angeles, Cal., and Humphrey, Searls, Doyle & MacMillan, of San Francisco, Cal., for appellant.

Samuel W. McNabb, U. S. Atty., and Harry Graham Balter and Alva C. Baird, Assts. U. S. Atty., all of Los Angeles, Cal., for the United States.

Before WILBUR, SAWTELLE, and MACK, Circuit Judges.

MACK, Circuit Judge.

Defendant appeals from a conviction on the three counts of an indictment charging three similar violations of section 1114(b) of the Revenue Act of 19261 in the years 1926, 1927, and 1928, respectively. A jury trial was waived; by agreement the cause was tried by the court.

1. Defendant's plea of statute of limitations to the first two counts was overruled. Thereafter, in United States v. Scharton, ...

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