BIGGS, Circuit Judge.
Samuel Bender, the appellant, was tried upon an indictment consisting of four counts. The learned trial judge submitted only the first and third counts to the jury for its consideration. The jury brought in a verdict of guilty upon the third count alone. The third count was as follows: "That on or about the 18th day of April, A. D. 1934, at Lafayette in Andover Township and the County of Sussex, in the State and District of New Jersey and within...
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