BAKER v. UNITED STATES

No. 8452.

93 F.2d 332 (1937)

BAKER v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

December 16, 1937.


Attorney(s) appearing for the Case

A. G. Bush, of Davenport, Iowa, and Nat B. King, of Laredo, Tex., for appellants.

Douglas W. McGregor, U. S. Atty., and George O'Brien John, Asst. U. S. Atty., both of Houston, Tex.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.


SIBLEY, Circuit Judge.

Norman Baker and E. R. Rood were indicted and convicted for conspiring to violate, and for violating, section 325(b) of the Communications Act of 1934, 48 Stat. p. 1091, 47 U.S.C.A. § 325(b). Only one of their contentions, raised by demurrer and by motion for directed verdict and by request to charge, needs to be considered, to wit, that what they were doing is not a violation of the statute properly construed.

Baker was operating...

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