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DAVIS v. UNITED STATES

Nos. 6222, 6223.

62 F.2d 473 (1933)

DAVIS et al. v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

January 10, 1933.

Attorney(s) appearing for the Case

Robert H. French, of Cincinnati, Ohio (Edward Sheck, of Akron, Ohio, and Howell Leuck, of Cleveland, Ohio, on the brief), for appellants.

W. J. McDermott, of Cleveland, Ohio (W. J. Mahon, of Cleveland, Ohio, on the brief), for the United States.

Before HICKS, HICKENLOOPER, and SIMONS, Circuit Judges.

SIMONS, Circuit Judge.

Appellants were jointly tried and convicted in each of two separate trials below. While there were two prosecutions, each for a distinct offense, and two separate appeals where taken, the cases were argued together, and, since the meritorious question in each is the same, we dispose of it in a single opinion.

In case 6222, appellants were charged with violation of section 334, and, in case 6223, with the violation of section 396, of...

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