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FLYNN v. UNITED STATES

No. 10498.

139 F.2d 669 (1943)

FLYNN v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied January 18, 1944.

Attorney(s) appearing for the Case

Arthur Lee Flynn, in pro. pers. (Andrew J. Eyman, of San Francisco, Cal., on the brief), for appellant.

Frank J. Hennessy, U. S. Atty., and William E. Licking, and Valentine C. Hammack, Asst. U. S. Attys., all of San Francisco, Cal., for appellee.

Before GARRECHT, MATHEWS, and HEALY, Circuit Judges.

MATHEWS, Circuit Judge.

Arthur Lee Flynn was indicted in five counts for violating § 32 of the Criminal Code, 18 U.S.C.A. § 76, was arraigned, pleaded not guilty, was tried, was acquitted on counts 1 and 5, was convicted on counts 2, 3 and 4, was sentenced and, on March 22, 1943, took this appeal.

Rule 9 of the Rules of Criminal Procedure after Plea of Guilty, Verdict or Finding of Guilt, 18 U.S.C.A. following section 688, provides: "In cases other...

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