SMITH v. UNITED STATES

No. 12973.

243 F.2d 877 (1957)

Ralph B. SMITH, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Sixth Circuit.

April 10, 1957.


Attorney(s) appearing for the Case

John J. Kane, Jr., Cleveland, Ohio, for appellant.

Sumner Canary, Cleveland, Ohio, Loren E. VanBrocklin, Youngstown, Ohio, and argued by George W. Morrison, Ravenna, Ohio, for appellee.

Before SIMONS, Chief Judge, and MARTIN and McALLISTER, Circuit Judges.


PER CURIAM.

Appellant was engaged in promoting a lottery between July 1952 and October 1953. He failed to purchase a gambling stamp as required by Title 26 U.S.C.A. § 3290. He was indicted by a grand jury, subsequently tried by the court without a jury, and convicted.

Appellant, before the district court, moved to dismiss the indictment on the ground that a prior jury acquittal in the Municipal Court of the City of Akron, Ohio, determined the facts with...

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