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JOHNSON v. UNITED STATES

No. 9994.

124 F.2d 101 (1941)

JOHNSON et al. v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

December 23, 1941.

Attorney(s) appearing for the Case

Clint W. Hager, of Atlanta, Ga., for appellants.

Lawrence S. Camp, U. S. Atty., Harvey H. Tysinger and Raymond W. Martin, Asst. U. S. Attys., all of Atlanta, Ga., for appellee.

Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges.

HUTCHESON, Circuit Judge.

Indicted and convicted with others on a one count indictment charging conspiracy to violate several of the Internal Revenue Laws of the United States, appellants are here seeking a reversal. No errors are assigned on the charge, and except for the claim of former jeopardy advanced by Johnson, the claimed errors are common to both defendants. These are: (1) that the indictment was subject to a general demurrer; (2) that the court by ordering...

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