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KREUTER v. UNITED STATES

No. 4540.

201 F.2d 33 (1952)

KREUTER v. UNITED STATES.

United States Court of Appeals Tenth Circuit.

Rehearing Denied January 10, 1953.

Attorney(s) appearing for the Case

Mitchell B. Johns, Denver, Colo., for appellant.

Charles S. Vigil, U. S. Atty., Denver, Colo., and Clifford C. Chittim, Asst. U. S. Atty., Boulder, Colo., for appellee.

Before PHILLIPS, Chief Judge, and BRATTON and HUXMAN, Circuit Judges.

PHILLIPS, Chief Judge.

This is an appeal from an order denying a motion to vacate a judgment and sentence.

Kreuter appeared in person in the court below. William T. Dingman, a member of the Bar of Colorado, was appointed to represent him. Kreuter, in writing, waived his right to be charged only by indictment and consented to be charged by information. Thereupon, an information was filed, the material portion of which reads as follows:

"That on or...

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