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HICKMAN v. UNITED STATES

No. 12342.

170 F.2d 353 (1948)

HICKMAN v. UNITED STATES.

United States Court of Appeals Fifth Circuit.

November 4, 1948.

Attorney(s) appearing for the Case

Bart A. Riley and A. C. Dressler, both of Miami, Fla., for appellant.

Ernest L. Duhaime, Asst. U. S. Atty., of Miami, Fla., for appellee.

Before HUTCHESON, SIBLEY and WALLER, Circuit Judges.

HUTCHESON, Circuit Judge.

Indicted under Sec. 408, Title 18 U.S.C. A.,1 for transporting a motor vehicle, knowing it to have been stolen, defendant moved to dismiss, putting forward two grounds.2 This motion denied and the cause tried to a jury, defendant was convicted and has appealed on the sole ground that the indictment was defective because of the absence from it of the word "unlawfully".

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