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CHASTAIN v. UNITED STATES

No. 10586.

138 F.2d 413 (1943)

CHASTAIN et al. v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

October 22, 1943.

Attorney(s) appearing for the Case

A. C. Wheeler, of Gainesville, Ga., for appellants.

M. Neil Andrews, U. S. Atty., and Harvey H. Tisinger, Asst. U. S. Atty., both of Atlanta, Ga., for appellee.

Before SIBLEY, HOLMES, and WALLER, Circuit Judges.

PER CURIAM.

The appellants were indicted November 24, 1942, and convicted Feb. 3, 1943, for a conspiracy with each other and with a number of other persons not indicted, to violate the internal revenue laws. A motion for continuance was made at the beginning of the trial February 1, 1943, by the defendants because of the absence of two witnesses. One of the witnesses was a person alleged to be a conspirator but not indicted, supposed to be in New York, to whom a subpoena...

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