LOWE v. UNITED STATES

No. 10857.

141 F.2d 1005 (1944)

LOWE v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

April 20, 1944.


Attorney(s) appearing for the Case

D. R. Coley, Jr., of Mobile, Ala., for appellant.

Albert J. Tully, U. S. Atty., of Mobile, Ala., for appellee.

Before HUTCHESON, HOLMES, and WALLER, Circuit Judges.


HOLMES, Circuit Judge.

This appeal is from a judgment entered upon appellant's plea of nolo contendere to an indictment purporting to charge that he violated Section 35 of the Criminal Code, 18 U.S.C.A. § 80. The sole question for decision is whether the demurrer interposed to the indictment should have been sustained for the reason that it charged no offense against the United States.

The relevant portion of said statute provides that whoever shall make...

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