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CANNING v. UNITED STATES

No. 9531.

119 F.2d 130 (1941)

CANNING v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

April 11, 1941.

Attorney(s) appearing for the Case

Chas. A. Carson, Gene S. Cunningham, and E. G. Frazier, all of Phoenix, Ariz., for appellant.

Frank E. Flynn, U. S. Atty., of Phoenix, Ariz., and K. Berry Peterson, of Tucson, Ariz., and C. A. Edwards, of Phoenix, Ariz., Asst. U. S. Attys., for appellee.

Before DENMAN, MATHEWS, and STEPHENS, Circuit Judges.

MATHEWS, Circuit Judge.

Earl Canning was convicted and sentenced on count 6 (the conspiracy count) of the indictment described in Cornes v. United States, 9 Cir., 119 F.2d 127, decided this day, and has appealed.

Appellant assigns as error the denial of his motion for a directed verdict. The assignment is well taken. There is no evidence that appellant was a party to the conspiracy

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