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UNITED STATES v. RODGERS

No. 15007.

218 F.2d 536 (1955)

UNITED STATES of America, Appellant, v. Homer Lavel RODGERS, Appellee.

United States Court of Appeals, Fifth Circuit.

January 7, 1955.

Attorney(s) appearing for the Case

C. F. Herring, U. S. Atty., San Antonio, Tex., Bradford F. Miller, Asst. U. S. Atty., San Antonio, Tex., for appellant.

Before HOLMES, and TUTTLE, Circuit Judges, and ALLRED, District Judge.

ALLRED, District Judge.

The sole question in this case is the sufficiency of the indictment to state an offense. The trial court sustained a motion to dismiss and the Government appeals. We hold the indictment is sufficient. It charges a violation of section 174, Title 21, U.S.C.A. and reads as follows:

"On or about April 5, 1953, in Bexar County, Texas, within said district and division, Homer Lavel Rodgers knowingly and fraudulently received and concealed...

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