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HORTON v. UNITED STATES

No. 11363.

151 F.2d 406 (1945)

HORTON v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

October 27, 1945.

Attorney(s) appearing for the Case

Hal Lindsay, of Atlanta, Ga., for appellant.

M. Neil Andrews, U. S. Atty., Joel B. Mallett, Sp. Asst. U. S. Atty., and J. Ellis Mundy, Asst. U. S. Atty., all of Atlanta, Ga., for appellee.

Before SIBLEY, McCORD, and WALLER, Circuit Judges.

McCORD, Circuit Judge.

A. T. Horton was convicted on an indictment which contained three counts. Counts 1 and 2 were laid under 18 U.S.C.A. § 72 (Criminal Code, Sec. 28). The first count charged that Horton knowingly and willfully and with knowledge of their falsity and with the purpose of defrauding the United States Government, uttered and published 3,000 counterfeit sugar ration coupons. The second count charged that he had in his possession the same counterfeit...

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