DEACON v. UNITED STATES

No. 3601.

124 F.2d 352 (1941)

DEACON v. UNITED STATES.

Circuit Court of Appeals, First Circuit.

December 22, 1941.


Attorney(s) appearing for the Case

William H. Lewis, Jr., of Boston, Mass., for appellant.

Jackson J. Holtz, Asst. U. S. Atty., of Boston, Mass. (Edmund J. Brandon, U. S. Atty., of Boston, Mass., on the brief), for appellee.

Before MAGRUDER, MAHONEY, and WOODBURY, JJ.


WOODBURY, Circuit Judge.

This is an appeal from a judgment of the District Court sentencing the defendant to a term of imprisonment after he had been found guilty by a jury on two counts of an indictment. The first of these, — it was also the first count in the indictment, — charged the defendant under 18 U.S.C. A. § 88 with conspiring with others to commit the crime of transporting lottery tickets in interstate commerce. The second count upon which...

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