WOOLLEY, Circuit Judge.
The indictment contained three counts. One charged Brown, Wallace and Ayervais with unlawfully attempting to utter and pass upon Agnes Gruber a counterfeit twenty dollar note; another charged the same men with attempting the same offense upon Mary Pederson; the third charged them with feloniously possessing nine such counterfeit notes with intent unlawfully to utter and pass them.
All were tried, convicted and sentenced. Ayervais appealed...
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