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CLEMONS v. UNITED STATES

No. 5094.

137 F.2d 302 (1943)

CLEMONS v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

August 12, 1943.

Attorney(s) appearing for the Case

Joseph Burke, of Baltimore, Md. (Joseph Rosenthal, of Baltimore, Md., on the brief), for appellant.

K. Thomas Everngan, Asst. U. S. Atty., of Baltimore, Md. (Bernard J. Flynn, U. S. Atty., of Baltimore, Md., on the brief), for appellee.

Before PARKER, SOPER and DOBIE, Circuit Judges.

DOBIE, Circuit Judge.

Leroy Clemons (hereinafter called Clemons) was tried in the United States District Court for the District of Maryland under an indictment on two counts, charging violations of 18 U.S.C.A. § 455. Upon a plea of not guilty, Clemons was found guilty by a jury on both counts of the indictment, and was sentenced by the court to imprisonment for four years.

The indictment was as follows:

"First Count: `The Grand Inquest of the...

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