BONE, Circuit Judge.
Appellant was convicted of the crime of larceny in the District Court for the Territory of Alaska, Fourth Division. The indictment, based upon Sec, 4800, Comp. Laws of Alaska, 1933, was in two counts. Count I, a breaking and entering charge, was dismissed by the prosecution at the close of its case, and the case was submitted to the jury on Count II, a larceny charge. Appellant was convicted and sentenced on this count and from that judgment and...
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