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MITCHEM v. UNITED STATES

No. 13832.

193 F.2d 55 (1951)

MITCHEM v. UNITED STATES.

United States Court of Appeals Fifth Circuit.

November 20, 1951.

Attorney(s) appearing for the Case

Hugh G. Head, Jr., Atlanta, Ga., W. H. McElwee, N. Wilkesboro, N. C., for appellant.

Lamar N. Smith, Asst. U. S. Atty., J. Ellis Mundy, U. S. Atty., Atlanta, Ga., for appellee.

Before HUTCHESON, Chief Judge, and BORAH, and RUSSELL, Circuit Judges.

BORAH, Circuit Judge.

On July 18, 1947, Golden Mitchem was convicted in the District Court of the United States for the Northern District of Georgia, Atlanta Division, upon an indictment containing one count that charged a violation of old Title 18, Section 88, of the U.S.Code.1 This section, which was then in effect, provided for the payment of a fine not to exceed $10,000, or imprisonment for not to exceed two years, or both. The judgment...

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