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DAUER v. UNITED STATES

No. 4586.

204 F.2d 141 (1953)

DAUER v. UNITED STATES.

United States Court of Appeals Tenth Circuit.

Rehearing Denied May 26, 1953.

Attorney(s) appearing for the Case

Joseph Lewis, Los Angeles, Cal., was on the brief, for appellant.

Eugene W. Davis, U. S. Atty., Topeka, Kan., and V. J. Bowersock, Asst. U. S. Atty., Wichita, Kan., on the brief, for appellee.

Before BRATTON, HUXMAN, and PICKETT, Circuit Judges.

BRATTON, Circuit Judge.

The indictment in this case contained two counts. The first count charged that John Henry Dauer and Avington Rayborn Hutchins transported a kidnapped person in interstate commerce; and the second count charged that such persons transported in interstate commerce a stolen automobile, knowing it to have been stolen. Both defendants were found guilty. A new trial was granted as to Hutchins. Dauer was sentenced to imprisonment; the judgment was...

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