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WAYNE v. UNITED STATES

No. 12495.

138 F.2d 1 (1943)

WAYNE v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied November 4, 1943.

Writ of Certiorari Denied January 3, 1944.

Attorney(s) appearing for the Case

Philip R. Bangs, of Grand Forks, N. D., for appellant.

Harry Lashkowitz, Asst. U. S. Atty., of Fargo, N. D. (P. W. Lanier, U. S. Atty., of Fargo, N. D., on the brief), for appellee.

Before SANBORN and RIDDICK, Circuit Judges, and DELEHANT, District Judge.

Writ of Certiorari Denied January 3, 1944. See 64 S.Ct. 429.

SANBORN, Circuit Judge.

By an indictment in three counts the appellant was charged with having made three separate sales of beer to an Indian ward of the United States on July 19, 1941, at Rolla, North Dakota, in violation of § 2139 of the Revised Statutes of the United States as amended, § 241, Title 25, U.S.C.A. This statute, so far as pertinent, provides that: "Any person who shall sell...

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