NEELY v. UNITED STATES

No. 10884.

145 F.2d 828 (1944)

NEELY v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

November 9, 1944.


Attorney(s) appearing for the Case

W. W. Malone, of Athens, Ala., and George Rogers, of Birmingham, Ala., for appellant.

Jim C. Smith, U. S. Atty., of Birmingham, Ala., for appellee.

Before SIBLEY, McCORD, and LEE, Circuit Judges.


PER CURIAM.

The indictment charged that continuously from Oct. 1, 1943, to April 28, 1943, and within three years of the finding of the indictment (which was on Sept. 1, 1943), a described conspiracy was carried on and overt acts were done to carry it out at dates ranging from Oct. 18, 1941, to April 27, 1943. Some of the defendants pleaded guilty, and others, including appellant Neely, were convicted. Neely alone appeals. He complains that his demurrer was erroneously...

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