FOTIE v. UNITED STATES

No. 12294.

137 F.2d 831 (1943)

FOTIE v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

August 23, 1943.


Attorney(s) appearing for the Case

Forest W. Hanna and Bernard T. Hurwitz, both of Kansas City, Mo., for appellant.

Richard K. Phelps, Asst. U. S. Atty., of Kansas City, Mo. (Maurice M. Milligan, U. S. Atty., of Kansas City, Mo., on the brief), for appellee.

Before GARDNER, RIDDICK, and VAN VALKENBURGH, Circuit Judges.


RIDDICK, Circuit Judge.

On consideration of the petition for rehearing in this case, the opinion of the court filed May 1, 1943, is withdrawn for the reasons hereinafter appearing.

Two indictments were returned against the appellant in the district court, the first, No. 15,228, charging him with violation of § 79 of the Criminal Code, 18 U.S.C.A. § 141, and the second, No. 15,239, in three counts, charging him with the crime of perjury under §...

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