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UNITED STATES v. McGUIRE

No. 327.

64 F.2d 485 (1933)

UNITED STATES v. McGUIRE et al.

Circuit Court of Appeals, Second Circuit.

April 10, 1933.

Attorney(s) appearing for the Case

George Z. Medalie, U. S. Atty., and Louis Mead Treadwell and Edmund L. Palmieri, Asst. U. S. Attys., all of New York City.

Max D. Steuer, of New York City (Irving J. Levy, of New York City, of counsel), for appellant McGuire.

Martin Conboy, of New York City (Joseph R. Kelley and David Asch, both of New York City, of counsel), for appellant Mann.

Basil O'Connor, of New York City (Samuel B. Pettengill, of South Bend, Ind., and William F. Snyder, of New York City, of counsel), for appellant Hering.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

CHASE, Circuit Judge (after stating the facts as above).

The basis of the demurrer is that the tickets which the government alleged the defendant caused Finn to receive were tickets "which had theretofore been transported" in interstate commerce, and that they did not themselves purport to be lottery tickets as the indictment with its facsimile was claimed to show on its face.

The statute (18 USCA § 387) on which the first count was drawn only applies...

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