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BROWN v. UNITED STATES

No. 16445.

249 F.2d 306 (1957)

Gurley BROWN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied December 10, 1957.

Attorney(s) appearing for the Case

John W. Muskoff, Jacksonville, Fla., for appellant.

E. Coleman Madsen, Asst. U. S. Atty., Jacksonville, Fla., for appellee.

Before RIVES, TUTTLE and BROWN, Circuit Judges.

RIVES, Circuit Judge.

On a seven count indictment charging the appellant with conducting an unregistered lottery during April, May and June, 1954, and attempting to evade the wagering occupational tax and the excise tax on wagers,1 the jury found him guilty and the court sentenced him to imprisonment for one year.

The gist of the claimed error, which he preserved for review and presents here, is that there was no sufficient evidence...

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