McCAIN v. UNITED STATES

No. 11226.

149 F.2d 935 (1945)

McCAIN v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

July 5, 1945.


Attorney(s) appearing for the Case

Clint W. Hager and J. Frank Kemp, both of Atlanta, Ga., for appellant.

M. Neil Andrews, U. S. Atty., and Astor Merritt and Jas. T. Manning, Asst. U. S. Attys., all of Atlanta, Ga., for appellee.

Before SIBLEY, HUTCHESON, and LEE, Circuit Judges.


HUTCHESON, Circuit Judge.

Convicted of the unlawful possession and the unlawful transfer of gasoline ration coupons, the defendant, not contesting his conviction on the transportation counts three and five, seeks a reversal as to the conviction on the possession counts two and four. His point is that since the possession count two involved the same coupons dealt with in the transportation count three, and the possession count four with those dealt with in transportation...

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