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WEAVER v. UNITED STATES

No. 11532.

111 F.2d 603 (1940)

WEAVER v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

May 1, 1940.

Attorney(s) appearing for the Case

Harold A. Prince, of Grand Island, Neb., and Robert Van Pelt, of Lincoln, Neb. (E. B. Perry, L. J. Marti, J. P. O'Gara, and Arthur E. Perry, all of Lincoln, Neb., on the brief), for appellant.

Fred G. Hawxby, Asst. U. S. Atty., of Lincoln, Neb. (Joseph T. Votava, U. S. Atty., and Ambrose C. Epperson and Emmet L. Murphy, Asst. U. S. Attys., all of Omaha, Neb., on the brief), for appellee.

Before GARDNER, WOODROUGH, and THOMAS, Circuit Judges.

THOMAS, Circuit Judge.

The appellant was convicted and sentenced on two counts of an indictment containing five counts in which he and Erma Shaneyfelt were charged jointly with violation of the Federal Narcotic Act, 26 U.S. C.A.Int.Rev.Code § 2550, 18 U.S.C.A. § 88. The first count charged a conspiracy to violate the Act and alleged as overt acts illegal sales on December 9, 1937, October 6, 1938, October 14, 1938, and October 17, 1938. Each of the alleged...

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