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AXELBANK v. UNITED STATES

No. 10775.

189 F.2d 18 (1951)

AXELBANK v. UNITED STATES.

United States Court of Appeals District of Columbia Circuit.

Decided January 18, 1951.

Attorney(s) appearing for the Case

Mr. Sol M. Alpher, Washington, D. C., with whom Mr. Louis E. Spiegler, Washington, D. C., was on the brief, submitted on the brief, for appellant.

Mr. Richard M. Roberts, Asst. U. S. Atty., Washington, D. C., with whom Messrs. George Morris Fay, U. S. Atty., and Arthur J. McLaughlin and Joseph M. Howard, Asst. U. S. Attys., Washington, D. C., were on the brief, submitted on the brief, for appellee.

Mr. Jerome Powell, Asst. U. S. Atty., Washington, D. C., also entered an appearance for appellee.

Before EDGERTON, PROCTOR and FAHY, Circuit Judges.

PER CURIAM.

Appellant was convicted of falsely representing, with intent to defraud, that he was an agent for the Office of Naval Intelligence and of acting as such agent, in violation of the first part of § 912, c. 43 of Title 18, U.S.C.A., approved June 25, 1948, effective September 1, 1948. His appeal urges reversal because the court (1) failed to direct a verdict of acquittal on the grounds that (a) those to whom the alleged representations were made did...

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