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UNITED STATES v. GILLILAND

No. 245.

312 U.S. 86 (1941)

UNITED STATES v. GILLILAND ET AL.

Supreme Court of United States.

Decided February 3, 1941.

Attorney(s) appearing for the Case

Mr. Herbert Wechsler, with whom Solicitor General Biddle, Assistant Attorney General Rogge, and Messrs. Ben F. Foster, George F. Kneip, and Fred E. Strine were on the brief, for the United States.

Mr. F.W. Fischer for appellees.

MR. CHIEF JUSTICE HUGHES delivered the opinion of the Court.

The District Court sustained a demurrer to ten counts of an indictment and the Government appeals. 18 U.S.C. 682.

There were eleven counts in the indictment, the first of which, a conspiracy count, the District Court found good. The other counts now before us were based on § 35 of the Criminal Code. 18 U.S.C. 80.1 Eight of...

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