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UNITED STATES v. STREWL

Docket No. 16130.

162 F.2d 819 (1947)

UNITED STATES v. STREWL et al.

Circuit Court of Appeals, Second Circuit.

July 9, 1947.

Attorney(s) appearing for the Case

William B. Moore, of New York City, for Strewl.

McGlone pro se.

Irving J. Higbee, of Syracuse, N. Y., for appellee.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

PER CURIAM.

Strewl now moves that we recall our mandate and reopen his conviction, nearly ten years old, because the indictment of 1934, on which we held that the conviction could be affirmed, had been superseded by the indictment of 1937, and that indictment had been returned at the same term of court as that at which the 1934 indictment had been found "insufficient."1 We were aware of the Act...

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