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SYMONS v. UNITED STATES

No. 11866.

178 F.2d 615 (1949)

SYMONS v. UNITED STATES.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied January 16, 1950.

Attorney(s) appearing for the Case

Morris Lavine, Los Angeles, Cal., for appellant.

James M. Carter, U. S. Atty., Norman W. Neukom, Cameron L. Lillie and Tobias G. Klinger, Asst. U. S. Attys., Los Angeles, Cal., for appellee.

Before DENMAN, Chief Judge, and HEALY and BONE, Circuit Judges.

BONE, Circuit Judge.

Appellant, having waived jury trial, was convicted before a United States District Judge of offenses as charged in two counts of an indictment. Count one charged defendant with acquiring (in violation of 26 U.S.C.A. § 2593(a)) marihuana without having paid the transfer tax imposed by 26 U.S.C.A. § 2590(a), he being a transferee required to pay such tax. Count two charged him with concealing (in violation of 19 U.S.C.A. § 1593(b...

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