COOK v. UNITED STATES

No. 10986.

193 F.2d 373 (1951)

COOK v. UNITED STATES.

United States Court of Appeals District of Columbia Circuit.

Decided November 29, 1951.


Attorney(s) appearing for the Case

T. Emmett McKenzie, Washington, D. C., with whom James K. Hughes, Washington, D. C., was on the brief, for appellant. Curtis P. Mitchell, Washington, D. C., also entered an appearance for appellant.

Martin J. McNamara, Jr., Asst. U. S. Atty., with whom George Morris Fay, U. S. Atty. at the time the brief was filed, and Joseph M. Howard, Asst. U. S. Atty., Washington, D. C., were on the brief, for appellee. Charles M. Irelan, who was appointed U. S. Atty. subsequent to the argument in this case, Washington, D. C., also entered an appearance for appellee.

Before PRETTYMAN, BAZELON and WASHINGTON, Circuit Judges.


PRETTYMAN, Circuit Judge.

Appellant was indicted, tried and convicted on five counts relating to the operation of a lottery, the so-called "numbers game". He was acquitted on one count.

He says, first, that the acquittal on the one count required acquittal on all. In the one count it was charged that he "Continuously during the period from about June 16, 1950 to about June 27, 1950" was concerned in the lottery. In four of the other counts he was charged with...

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