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LEA v. UNITED STATES

No. 11736.

159 F.2d 939 (1947)

LEA v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied March 17, 1947.

Attorney(s) appearing for the Case

Edwin H. Grace, of New Orleans, La., for appellant.

Herbert W. Christenberry, U. S. Atty., and N.E. Simoneaux and Robert Weinstein, Asst. U. S. Attys., all of New Orleans, La., for appellee.

Before HOLMES, McCORD, and WALLER, Circuit Judges.

WALLER, Circuit Judge.

When his demurrer to an indictment,1 brought under Section 100, Title 18 U.S. C.A.,2 was overruled, the defendant pleaded nolo contendere, was adjudged guilty, and received the sentence of the Court. He now appeals, assigning as error the overruling of the demurrer.

An indictment should state every material fact necessary to inform the defendant of the nature of the charge against...

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