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WOLKOFF v. UNITED STATES

No. 7279.

84 F.2d 17 (1936)

WOLKOFF v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

May 12, 1936.

Attorney(s) appearing for the Case

H. A. Rocker, of Cleveland, Ohio (Rocker & Schwartz, of Cleveland, Ohio, on the brief), for appellant.

E. L. Foote, of Cleveland, Ohio (E. B. Freed and Frank Wiedemann, both of Cleveland, Ohio, on the brief), for the United States.

Before MOORMAN, SIMONS, and ALLEN, Circuit Judges.

ALLEN, Circuit Judge.

Appellant was charged in a joint indictment with knowingly receiving stolen goods, in violation of title 18, section 409, U.S.C.A. Upon written waiver of jury trial, the court heard testimony and took the case under advisement. Without rendering any decision upon the merits, the court dismissed the case upon the ground that the indictment was faulty. Appellant was reindicted jointly with three other defendants for the same offense. He moved for...

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