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BRASWELL v. UNITED STATES

No. 13905.

200 F.2d 597 (1952)

BRASWELL et al. v. UNITED STATES.

United States Court of Appeals Fifth Circuit.

December 17, 1952.

Attorney(s) appearing for the Case

Charles W. Tessmer, Dallas, Tex., for appellants.

Lester L. May, Asst. U. S. Atty., Dallas, Tex., Frank B. Potter, U. S. Atty., Fort Worth, Tex., for appellee.

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

RIVES, Circuit Judge.

Seven defendants were convicted of having unlawfully acquired and obtained through some form or manner of transfer marihuana without having paid the tax on the transfer thereof. 26 U.S.C.A. § 2593(a). The conviction of the three appellants and of three of their co-defendants was based upon Count 1 involving 36 grains of marihuana. A seventh defendant, one Willie Frank Smith, was convicted under...

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