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UNITED STATES v. WATERS

No. 9657.

175 F.2d 340 (1948)

UNITED STATES v. WATERS.

United States Court of Appeals District of Columbia Circuit.

Decided November 8, 1948.

Attorney(s) appearing for the Case

Mr. John D. Lane, Assistant United States Attorney, with whom Mr. George Morris Fay, United States Attorney, and Mrs. Grace B. Stiles, Assistant United States Attorney, who entered appearances, were on the brief, for appellant. Mr. Sidney S. Sachs, Assistant United States Attorney, also entered an appearance for appellant.

Mr. Henry Lincoln Johnson, Jr., for appellee.

Before STEPHENS, Chief Justice, and EDGERTON and PROCTOR, Associate Justices.

STEPHENS, Chief Justice.

The appellee Samuel F. Waters was indicted in the United States District Court for the District of Columbia under three counts, the first charging assault with a loaded pistol upon one William Sherman, the second assault with intent to kill Sherman, the third that "On or about February 18, 1947, within the District of Columbia, Samuel F. Waters carried a pistol on or about his person." The third count was based upon D.C.Code (Supp. V 1946...

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