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CHAPLIN v. UNITED STATES

No. 9042.

157 F.2d 697 (1946)

CHAPLIN v. UNITED STATES.

United States Court of Appeals District of Columbia.

Decided April 15, 1946.

Attorney(s) appearing for the Case

Mr. J. H. Bilbrey, of Washington, D. C., with whom Mr. Frank J. Kelly, of Washington, D. C., was on the brief, for appellant.

Mr. Arthur J. McLaughlin, Assistant United States Attorney, of Washington, D. C. with whom Mr. Edward M. Curran, United States Attorney, of Washington, D. C., was on the brief, for appellee. Mr. Charles B. Murray, Assistant United States Attorney, of Washington, D. C., also entered an appearance for appellee.

Before GRONER, Chief Justice, and EDGERTON and CLARK, Associate Justices.

CLARK, Associate Justice.

This is an appeal from a conviction under the first count of an indictment charging appellant and his wife with obtaining money by false pretenses.1

Of the several points raised by appellant we think one to be of controlling significance. He urges that the indictment failed to charge a crime because the one statement which he is alleged to have made relating to a subsisting fact was not traversed and no...

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