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STEGALL v. UNITED STATES

No. 11210.

187 F.2d 735 (1951)

William McKinley STEGALL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Sixth Circuit.

March 6, 1951.

Attorney(s) appearing for the Case

Leon Wolf, Cincinnati, Ohio, for appellant.

David C. Walls, Charles F. Wood, and Norris W. Reigler, all of Louisville, Ky., for appellee.

Before HICKS, Chief Judge, and ALLEN and MILLER, Circuit Judges.

PER CURIAM.

This case came on to be heard on the record and briefs, and oral argument of counsel.

And it appearing that the Government concedes that count 1 of the indictment is duplicitous;

And it appearing that no demurrer to the indictment was filed, nor objection thereto made prior to the verdict, and that the accused thus waived any right to complain because of the duplicity existing in count 1; Beauchamp v. United States, 6 Cir.,

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