STEPHENS, Circuit Judge.
William Morris was informed against in four counts and went to trial before a jury under his plea of not guilty as to each count. At the conclusion of the government's case, defendant made a motion for directed verdicts as to each count, but the court, with the tacit acquiescence of defendant and the government, treated the motion as one to dismiss, and granted it as to Counts 3 and 4, and denied it as to Counts 1 and 2.
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