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KITT v. UNITED STATES

No. 5085.

138 F.2d 842 (1943)

KITT v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

November 8, 1943.

Attorney(s) appearing for the Case

Hiram M. Smith, of Richmond, Va., for appellant.

Walkley E. Johnson, Asst. U. S. Atty., of Newport News, Va. (Sterling Hutcheson, U. S. Atty., and John V. Cogbill, Asst. U. S. Atty., both of Richmond, Va., on the brief), for appellee.

Before PARKER, SOPER, and DOBIE, Circuit Judges.

DOBIE, Circuit Judge.

Harry Kitt (hereinafter called Kitt), the appellant here, was, on August 12, 1942, sentenced by the District Court, under an indictment containing five counts, as follows: upon each of the first four counts to a term of four years' imprisonment and a fine of $200, and, upon the fifth count to a term of two years' imprisonment and a fine of $200. The District Court specified that the sentence of imprisonment imposed under counts 2, 3, 4 and 5...

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