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UNITED STATES v. KRAKOWER

No. 35.

86 F.2d 111 (1936)

UNITED STATES v. KRAKOWER.

Circuit Court of Appeals, Second Circuit.

November 2, 1936.

Attorney(s) appearing for the Case

Harold Stern, of New York City, for appellant.

Leo J. Hickey, U. S. Atty., of Brooklyn, N. Y. (Frank J. Parker, Asst. U. S. Atty., of New York City, and Vine H. Smith, Asst. U. S. Atty., of Brooklyn, N. Y., of counsel), for the United States.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

L. HAND, Circuit Judge.

The only point for consideration in this case is whether the defendant could be convicted under section 1393 of title 10 of the United States Code (10 U.S.C.A. § 1393) of wearing "the duly prescribed uniform of the United States Army." He was found at the Army Base in Brooklyn, wearing the "Fatigue Uniform" of the army — a suit of blue denim overalls, indistinguishable from ordinary workmen's overalls except that the buttons bore...

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