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McINTOSH v. PEOPLE OF VIRGIN ISLANDS

No. 5799.

83 F.2d 380 (1936)

McINTOSH v. PEOPLE OF VIRGIN ISLANDS.

Circuit Court of Appeals, Third Circuit.

March 13, 1936.

Attorney(s) appearing for the Case

Morris L. Ernst, of New York City (Noll & Thiele of St. Thomas, Virgin Islands, U. S. A., and Miguel Guerra-Mondragon, of San Juan, P. R., of counsel), for appellant.

Nathan Margold, Solicitor of Department of Interior, of Washington, D. C., James W. Morris, Asst. Atty. Gen., John J. Pringle, Jr., and J. Albert Woll, Sp. Assts. to the Atty. Gen., and George S. Robinson, of St. Thomas, Virgin Islands, for appellee.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.

BUFFINGTON, Circuit Judge.

At the threshold of this case, an appeal from a criminal conviction in the United States court in the Virgin Islands, we are confronted by a conflict between two branches of the United States government, to wit, the Department of the Interior and the Department of Justice. The Department of the Interior appears before us, by its Solicitor, and, confessing error, asks that the judgment below be vacated and the convicted man discharged. On...

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