HOLMES, Circuit Judge.
This is a sketchy and very unsatisfactory record. It does not show for what offense the appellant was indicted, but does show that he pled not guilty to the charge against him, whatever it was; and later, upon motion of the United States Attorney, the indictment was dismissed. Subsequent to this dismissal, the appellant was again indicted for what is alleged to be the same offense, without naming it. He was tried before the court without a jury...
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