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APPLEBAUM v. UNITED STATES

No. 11887.

164 F.2d 974 (1947)

APPLEBAUM v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 20, 1948.

Attorney(s) appearing for the Case

John J. Kehoe and Aaron M. Kanner, both of Miami, Fla., for appellant.

Herbert S. Phillips, U. S. Atty., of Tampa, Fla., and Fred Botts, Asst. U. S. Atty., of Miami, Fla., for appellee.

Before HUTCHESON, HOLMES, and LEE, Circuit Judges.

HUTCHESON, Circuit judge.

Charged in three counts of an indictment with violation of Sec. 91, Title 18 U.S.C.A., Criminal Code, § 39, Bribery of United States Officer, appellant was acquitted on Counts 1 and 3, and convicted on Count 2. Sentenced to a term of imprisonment and the payment of a fine, he is here urging three grounds for reversal.

The first is that the indictment should have been dismissed on his motion as too vague, indefinite and uncertain...

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