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COHEN v. UNITED STATES

No. 10508.

144 F.2d 984 (1944)

COHEN et al. v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied November 6, 1944.

Attorney(s) appearing for the Case

Harry Graham Balter, of Los Angeles, Cal., for appellant Albert Charles Schnee.

Cantillon & Glover, of Los Angeles, Cal., for appellant Emanuel Max Cohen.

Charles H. Carr, U. S. Atty., and James M. Carter, Asst. U. S. Atty., both of Los Angeles, Cal., for appellee.

Before MATHEWS, STEPHENS, and HEALY, Circuit Judges.

STEPHENS, Circuit Judge.

Appellants Cohen and Schnee were indicted upon two counts, to-wit, conspiring to defraud the United States and conspiring to ask a bribe. The jury found them guilty on both counts, but the court, on the ground that both counts referred to one conspiracy, sentenced each under the second count only.

Count two of the indictment charges that on or about March 6, 1943, while Cohen was the government appeal agent of the local draft board...

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