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FORRESTER v. UNITED STATES

No. 14417.

210 F.2d 923 (1954)

FORRESTER et al. v. UNITED STATES.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 20, 1954.

Attorney(s) appearing for the Case

Wesley R. Asinof, J. O. Ewing, Atlanta, Ga., for appellants.

J. Ellis Mundy, U. S. Atty., Harvey H. Tysinger, Lamar N. Smith, Asst. U. S. Attys., James W. Dorsey, U. S. Atty., Atlanta, Ga., F. Douglas King, Asst. U. S. Atty., Newman, Ga., for appellee.

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

BORAH, Circuit Judge.

Appellants Ralph W. Forrester, John L. Ellenburg and Kelly B. Harris, the defendants below, were tried and convicted in the district court by a judge and jury on a two count indictment. Count one charged that the defendants did wilfully and knowingly engage in the business of accepting wagers and conducting a lottery for profit without payment of the special tax as required by Section 3290 of the Internal Revenue

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