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CENDAGARDA v. UNITED STATES

No. 722.

64 F.2d 182 (1933)

CENDAGARDA et al. v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

March 31, 1933.

Attorney(s) appearing for the Case

Harley W. Gustin, of Salt Lake City, Utah (Samuel A. King, of Salt Lake City, Utah, and Arthur Woolley, of Ogden, Utah, on the brief), for appellants.

C. R. Hollingsworth, U. S. Atty., of Salt Lake City, Utah (Geo. H. Lunt and Edgar C. Jensen, Asst. U. S. Attys., both of Salt Lake City, Utah, on the brief), for the United States.

Before LEWIS, PHILLIPS, and McDERMOTT, Circuit Judges.

PHILLIPS, Circuit Judge.

Henry Cendagarda, Frank Aboitiz, and Charles W. Brown were charged by indictment containing three counts with violations of section 88, title 18, USCA (section 37, Criminal Code). The court sustained a demurrer to the second count and directed a verdict of not guilty as to the first count.

The third count alleged that a complaint was filed before the United States commissioner for the Northern Division of the District of Utah charging...

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