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TRAMP v. UNITED STATES

No. 10696.

86 F.2d 82 (1936)

TRAMP v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

November 5, 1936.

Attorney(s) appearing for the Case

Eugene D. O'Sullivan, of Omaha, Neb. (Charles J. Southard, of Omaha, Neb., and Harold A. Doyle, of Yankton, S. D., on the brief), for appellant.

Fred G. Hawxby, Asst. U. S. Atty., of Omaha, Neb. (Joseph T. Votava, U. S. Atty., and Ambrose C. Epperson, Asst. U. S. Atty., both of Omaha, Neb., and Barlow Nye, Asst. U. S. Atty., of Lincoln, Neb., on the brief), for the United States.

Before GARDNER, SANBORN, and FARIS, Circuit Judges.

GARDNER, Circuit Judge.

Appellant, with five others, was indicted in an indictment charging, among other things, a conspiracy to violate sections 1162, 1184, and 1185, title 26 U.S.C.A.(R.S. § 3258, and sections 3281, 3282, as amended). He filed a special demurrer to count 1, the conspiracy count of the indictment, which is the count upon which judgment and sentence were entered, challenging the count as being duplicitous and charging more than one offense. The...

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