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McDADE v. UNITED STATES

No. 11817.

206 F.2d 494 (1953)

McDADE v. UNITED STATES.

United States Court of Appeals, Sixth Circuit.

June 16, 1953.

Attorney(s) appearing for the Case

Walter Beall, Cincinnati, Ohio, for appellant.

John J. Kane, Jr., U. S. Atty., Cleveland, Ohio, and Marcus L. Friedman, Asst. U. S. Atty., Toledo, Ohio, for appellee.

Before ALLEN, McALLISTER and MILLER, Circuit Judges.

PER CURIAM.

This appeal was heard on the record, briefs, and argument of counsel for respective parties;

And the Court being of the opinion that the offense described in Section 2553(a), Title 26 U.S.Code, which is charged in the second count of the Information, is a different offense from the offense described in Section 174, Title 21 U.S. C.A., which is charged in the third count of the Information, in that each requires proof of a fact which the other does...

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