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UNITED STATES v. WALKER

No. 15144.

216 F.2d 683 (1954)

UNITED STATES of America, v. James Sheldon WALKER.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 22, 1954.

Attorney(s) appearing for the Case

Hayford O. Enwall, Asst. U. S. Atty., Gainesville, Fla., Harrold Carswell, U. S. Atty., Tallahassee, Fla., Warren Olney, III, Asst. Atty. Gen. Arthur B. Caldwell, Sydney Brodie, Dept, of Justice, Washington, D. C., for appellant.

Wm. C. Pierce, Tampa, Fla., for appellee.

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

PER CURIAM.

What and all that is in question here is whether the district judge erred in dismissing, on the ground put forward by him that the indictment did not charge a federal offense but in effect merely charged the defendant with violations of Florida law, Sec. 952.05, F.S.A., an indictment1 charging appellee with twenty-eight separate violations of 18 U.S.C.A. § 242.2

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