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UNITED STATES v. HORTON

No. 9908.

180 F.2d 427 (1950)

UNITED STATES v. HORTON.

United States Court of Appeals Seventh Circuit.

March 1, 1950.

Attorney(s) appearing for the Case

Julius Lucius Echeles, Chicago, Ill., for appellant.

Otto Kerner, Jr., U. S. Attorney, James P. Piragine, Joseph E. Tobin, Asst. U. S. Dist. Attys., Chicago, Ill., for appellee.

Before MAJOR, Chief Judge, and DUFFY and LINDLEY, Circuit Judges.

MAJOR, Chief Judge.

James LeRoy Horton (appellant) and Henry Lee Kile were jointly charged in an indictment of two counts. The first was predicated upon Sec. 2593(a), Title 26 U.S.C.A., and charged that on January 16, 1948 the defendants being "then and there the transferees required to pay the transfer tax imposed by Section 2590(a), Title 26, U.S.C., did then and there knowingly and wilfully acquire sixty-eight (68) ounces of marihuana without having paid the tax...

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