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UNITED STATES v. BUERK

Crim. No. 452.

38 F.Supp. 409 (1941)

UNITED STATES v. BUERK.

District Court, E. D. Wisconsin.

April 14, 1941.

Attorney(s) appearing for the Case

B. J. Husting, U. S. Dist. Atty., of Milwaukee, Wis., for the Government.

George A. Burns, of Milwaukee, Wis., for defendant.

DUFFY, District Judge.

The defendant has demurred to the indictment herein on the ground of duplicity. The defendant urges that the indictment, which consists of one count, charges an offense set forth in 22 U.S.C.A. § 233, and also an offense which is included in 22 U.S.C.A. §§ 233a to 233g. The penalty for the first offense is imprisonment for not more than ten years and, in the court's discretion, a fine of not more than $5,000. The penalty for the...

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