AIKENS v. UNITED STATES

Nos. 12730-12734.

232 F.2d 66 (1956)

John F. AIKENS, Appellant, v. UNITED STATES of America, Appellee. Courtland DOYLE, Appellant, v. UNITED STATES of America, Appellee. Helen M. HARLEY, Appellant, v. UNITED STATES of America, Appellee. Collier KINGSBURY, Appellant, v. UNITED STATES of America, Appellee. James E. OFFUTT, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided February 9, 1956.


Attorney(s) appearing for the Case

Messrs. Curtis P. Mitchell and Henry Lincoln Johnson, Jr., Washington, D. C., for appellants.

Mr. Fred L. McIntyre, Asst. U. S. Atty., with whom Messrs. Leo A. Rover, U. S. Atty., Lewis Carroll and Edward O. Fennell, Asst. U. S. Attys., were on the brief, for appellee.

Before BAZELON, FAHY and BASTIAN, Circuit Judges.


BAZELON, Circuit Judge.

Each of the five appellants was convicted by a jury of the substantive offense of operating a lottery, in violation of D.C.Code § 22-1501 (1951). Jointly they were found guilty of conspiracy to violate that section under 18 U.S.C. § 371 (1952). The court imposed a general sentence for these two counts. Each appellant was also convicted of violating D.C.Code § 22-1502's prohibition against the possession of lottery tickets. Appellants...

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