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LEVI v. UNITED STATES

No. 7284.

71 F.2d 353 (1934)

LEVI v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied July 18, 1934.

Attorney(s) appearing for the Case

W. T. Murphree, of Gadsden, Ala., and Oliver D. Street, of Birmingham, Ala., for appellant.

Jim C. Smith, U. S. Atty., of Birmingham, Ala.

Before BRYAN, FOSTER, and SIBLEY, Circuit Judges.

BRYAN, Circuit Judge.

This is a prosecution under the National Motor Vehicle Theft Act (18 USCA § 408). The defendant Levi was convicted upon four counts of the indictment, each of which charged him with receiving in interstate commerce a stolen automobile with knowledge that it had been stolen, and received a general sentence of two years in the penitentiary. He appeals, and contends that the trial court erred (1) in overruling a demurrer to the indictment and...

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