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SCHMIDTBERGER v. UNITED STATES

No. 12198.

129 F.2d 390 (1942)

SCHMIDTBERGER v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

July 13, 1942.

Attorney(s) appearing for the Case

Walter R. Barnes and Anthony P. Nugent, both of Kansas City, Mo., for appellant.

Maurice M. Milligan, U. S. Atty., Richard K. Phelps, Asst. U. S. Atty., and Otto Schmid, Asst. U. S. Atty., all of Kansas City, Mo., for appellee.

Before GARDNER, WOODROUGH, and JOHNSEN, Circuit Judges.

GARDNER, Circuit Judge.

Three separate indictments were returned against appellant, charging him with illegal sales of narcotic drugs, in violation of Title 26 U.S.C.A. Int.Rev.Code, § 2554. The indictments contained fourteen counts in all, on eleven of which defendant was found guilty. The first and second indictments were returned October 4, 1941, while the third indictment was returned October 30, 1941. The cases were consolidated for purposes of trial and...

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