SCHEVE v. UNITED STATES

Nos. 10312-10314.

184 F.2d 695 (1950)

SCHEVE v. UNITED STATES. KADAN v. UNITED STATES. ROSEN v. UNITED STATES.

United States Court of Appeals District of Columbia Circuit.

August 14, 1950.


Attorney(s) appearing for the Case

Mr. William R. Lichtenberg, Washington, D. C., with whom Mr. Joseph Luria Washington, D. C., was on the brief, submitted on the brief for appellant Scheve.

Mr. J. Raymond Clark, Washington, D. C., submitted on the brief for appellant Kadan.

Messrs. Charles E. Ford and H. Clifford Allder, Washington, D. C., submitted on the brief for appellant Rosen.

Messrs. Joseph M. Howard and Joseph F. Goetten, Assistant United States Attorneys, Washington, D. C., with whom Messrs. George Morris Fay, United States Attorney, and Arthur J. McLaughlin, Assistant United States Attorney, Washington, D. C., were on the brief, submitted on the brief for appellee. Mr. L. Clark Ewing, Assistant United States Attorney, Washington, D. C., also entered an appearance for appellee.

Before EDGERTON, PROCTOR, and WASHINGTON, Circuit Judges.


EDGERTON, Circuit Judge.

The first count of an indictment charged the appellants, Theodore Scheve, Herman Kadan, and Hyman Rosen, with keeping a gaming table. D. C. Code (1940) § 22-1504. This count also charged Joseph Scheve, since deceased, with the same offense. The second and third counts, respectively, charged Joseph Scheve with assaulting one Ricker, with intent to kill and with a dangerous weapon. The appellants were not charged with assault.

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