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ENGLAND v. UNITED STATES

No. 12663.

174 F.2d 466 (1949)

ENGLAND v. UNITED STATES.

United States Court of Appeals Fifth Circuit.

May 20, 1949.

Attorney(s) appearing for the Case

Harold D. Putman, San Antonio, Tex., for appellant.

Henry W. Moursund, U. S. Atty., San Antonio, Tex., Joel W. Westbrook, Asst. U. S. Atty., San Antonio, Tex., Wm. H. Russell, Jr., Asst. U. S. Atty., San Antonio, Tex., for appellee.

Before HUTCHESON, SIBLEY, and HOLMES, Circuit Judges.

SIBLEY, Circuit Judge.

The questions to be decided are three:

1. Should the information have been dismissed?

2. Should a verdict of not guilty have been instructed for failure of proof or variance?

3. Should certain medical records offered in evidence by accused have been admitted?

1. The body of the information reads: "On or about October 9, 1948, at Fort Sam Houston, Texas, within the special territorial jurisdiction of the United...

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