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BREWER v. UNITED STATES

No. 10896.

150 F.2d 314 (1945)

BREWER et al. v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

June 30, 1945.

Attorney(s) appearing for the Case

Charles H. Young, of Phoenix, Ariz., for appellants.

Frank E. Flynn, U. S. Atty., of Phoenix, Ariz., for appellee.

Before GARRECHT, MATHEWS and STEPHENS, Circuit Judges.

GARRECHT, Circuit Judge.

Appellants were charged by indictment in the United States District Court for the District of Arizona, filed May 18, 1944, with the crime of breaking into a building used as a post office of the United States. On July 19, 1944, the appellants were arraigned, pleaded not guilty, and the trial was set for August 10, 1944.

On August 7, 1944, appellants filed a demurrer to the indictment upon the grounds that the indictment did not charge...

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