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BOYER v. UNITED STATES

Nos. 8285-8287.

132 F.2d 12 (1942)

BOYER v. UNITED STATES.

United States Court of Appeals for the District of Columbia.

Decided November 30, 1942.

Attorney(s) appearing for the Case

Mr. James M. Earnest, of Washington, D. C., with whom Mr. W. Gwynn Gardiner, of Washington, D. C., was on the brief, for appellant. Mr. Ralph P. Dunn, of Washington, D. C., also entered an appearance for appellant.

Mr. Charles B. Murray, Assistant United States Attorney, of Washington, D. C., with whom Messrs. Edward M. Curran, United States Attorney, of Washington, D. C., and Stephen C. Miller and John P. Burke, Assistant United States Attorneys, both of Washington, D. C., were on the brief, for appellee.

Before GRONER, Chief Justice, an MILLER and EDGERTON, Associate Justices.

EDGERTON, Associate Justice.

Appellant was charged in one indictment with embezzlement, and in two other indictments with false pretenses. All three indictments were consolidated for trial, and appellant was convicted under each.

The acts charged in the false pretense indictments involved sales to two witnesses, Jarvis and Deputy, by means of fraudulent representations, of warehouse receipts representing whiskey. The acts charged as embezzlement involved conversion...

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