SMITH v. UNITED STATES

No. 10268.

128 F.2d 990 (1942)

SMITH v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

June 30, 1942.


Attorney(s) appearing for the Case

A. Wilmot Dalferes, of Lafayette, La., for appellant.

Malcolm E. Lafargue, U. S. Atty., and Jared Y. Fontenot, Asst. U. S. Atty., both of Shreveport, La., for appellee.

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


HOLMES, Circuit Judge.

An information in one count was filed against appellant in the court below charging that he knowingly sold and assisted in the sale of wild ducks, in violation of the Migratory Bird Treaty Act, 16 U.S.C.A. § 703 et seq. The appellant pleaded not guilty and moved the court for a trial by jury, but his motion was overruled, and he was tried and convicted by the court without a jury. The only question for our decision is whether the court...

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