ROGERS v. UNITED STATES

No. 10156.

128 F.2d 973 (1942)

ROGERS v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied September 18, 1942.


Attorney(s) appearing for the Case

W. D. Bell, of Miami, Fla., for appellant.

H. S. Phillips, U. S. Atty., and J. Tweed McMullen, Asst. U. S. Atty., both of Tampa, Fla., for appellee.

Before HUTCHESON and HOLMES, Circuit Judges, and STRUM, District Judge.


HUTCHESON, Circuit Judge.

Appellant was convicted, on an indictment in two counts, of violations of the Internal Revenue Laws and sentenced to serve two years, a punishment less than the maximum which could have been imposed for violation of the first count alone. Claiming error in his conviction as to both counts because of the insufficiency of the indictment to charge, and of the evidence to convict him of, an offense, and also of the denial of his request for additional...

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