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FRANKEL v. UNITED STATES

No. 9045.

131 F.2d 756 (1942)

FRANKEL v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

December 5, 1942.

Attorney(s) appearing for the Case

William G. Comb, of Detroit, Mich., for appellant.

Louis M. Hopping, of Detroit, Mich. (John C. Lehr, of Detroit, Mich., on the brief), for appellee.

Before SIMONS, MARTIN, and McALLISTER, Circuit Judges.

SIMONS, Circuit Judge.

The appellant was indicted with others for conspiracy to violate the alcohol tax laws. His original plea of not guilty was subsequently withdrawn, and on June 24, 1941, he was brought into court for sentence on his plea of guilty. While his case had previously been referred to the probation office for report, it does not appear that any report was received. During a somewhat extended oral examination the colloquy set forth in the margin

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