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LOPER v. UNITED STATES

160 F.2d 293 (1947)

LOPER v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

January 29, 1947.

Attorney(s) appearing for the Case

Willard Hanson, of Salt Lake City, Utah (Milton A. Melville, of Fillmore, Utah, and Ray S. McCarty, of Salt Lake City, Utah, on the brief), for appellant.

Scott M. Matheson, of Salt Lake City, Utah (Dan B. Shields, U.S.Atty., and Oliver K. Clay, Asst. U. S. Atty., both of Salt Lake City, Utah, on the brief), for the United States.

Before PHILLIPS and MURRAH, Circuit Judges, and CHANDLER, District Judge.

CHANDLER, District Judge.

Arthur Fred Loper was convicted of violating the National Cattle Theft Act, 18 U.S.C.A. § 419b, and has appealed to this court.

The record discloses that defendant filed a motion to dismiss the indictment on the ground that it did not state facts sufficient to constitute an offence against the United States, and on the ground that the property stolen was not sufficiently described. He also moved for acquittal at the conclusion...

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