HAMILTON v. UNITED STATES

No. 4987.

219 F.2d 364 (1955)

Chester S. HAMILTON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Tenth Circuit.

February 4, 1955.


Attorney(s) appearing for the Case

John S. Boyden, Salt Lake City, Utah, for appellant.

A. Pratt Kesler, U. S. Atty., Salt Lake City, Utah, for appellee.

Before PHILLIPS, Chief Judge, BRATTON, Circuit Judge, and VAUGHT, District Judge.


VAUGHT, District Judge.

The sole question here is whether or not the trial judge abused his discretion in vacating the probation of appellant.

The appellant, Chester S. Hamilton, owned and operated a drugstore in Brigham City, Utah, and also owned a 51 per cent partnership interest with Glade R. Day in a drugstore known as the Clearfield Pharmacy, located approximately 35 miles from Brigham City. The Clearfield Pharmacy (hereinafter referred to as the Pharmacy...

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