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MOSCA v. UNITED STATES

No. 11753.

174 F.2d 448 (1949)

MOSCA v. UNITED STATES.

United States Court of Appeals Ninth Circuit.

April 2, 1949.

Attorney(s) appearing for the Case

Charles H. Carr, of Los Angeles, Cal., for appellant.

James M. Carter, U. S. Atty., Ernest A. Tolin, Chief Asst. U. S. Atty., and William L. Baugh, Asst. U. S. Atty., all of Los Angeles, Cal., for appellee.

Before MATHEWS and STEPHENS, Circuit Judges, and DRIVER, District Judge.

MATHEWS, Circuit Judge.

Appellant, James M. Mosca, alias James M. Fly, was indicted on May 14, 1947. The indictment was in 12 counts. Counts 1-7 were based on § 35(A) of the Criminal Code, 18 U.S.C.A., 1946 Edition, § 801 Counts 8-12 were based on paragraph (5) of subsection (a) of § 2 of the Act of June 28, 1940, c. 440, as amended by § 301 of the Second War Powers Act, 1942 50 U.S.C.A.Appendix, §§ 633 and...

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