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FERNANDEZ v. UNITED STATES

No. 14675.

213 F.2d 101 (1954)

FERNANDEZ et al. v. UNITED STATES.

United States Court of Appeals, Fifth Circuit.

May 11, 1954.

Attorney(s) appearing for the Case

Pat Whitaker, Tom Whitaker and John R. Parkhill, Tampa, Fla., for appellants.

J. Hardin Peterson, Jr., Asst. U. S. Atty., Lakeland, Fla., James L. Guilmartin, U. S. Atty., Miami, Fla., Vernon W. Evans, Jr., Asst. U. S. Atty., Tampa, Fla., for appellee.

Before STRUM and RIVES, Circuit Judges, and DAWKINS, District Judge.

RIVES, Circuit Judge.

The defendants were convicted and each of them was sentenced to one year's imprisonment under an indictment charging:

"That Manuel Fernandez * * *, Theo John Lelekis * * *, and * * *, being then and there engaged in carrying on the occupation of accepting wagers, as defined in Section 3285(b) (1) (C) and (2), Title 26, United States Code, did wilfully, during the month of May 1952, at and in the County of Polk, in the Southern District...

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