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UNITED STATES v. MILLER

No. 307, Docket 24457.

246 F.2d 486 (1957)

UNITED STATES of America, Appellee, v. James W. MILLER, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided July 10, 1957.

Rehearing Denied October 1, 1957.

Attorney(s) appearing for the Case

Garey & Garey, New York City, and N. LeVan Haver, Kingston, N. Y., for appellant; Jacob J. Rosenblum, Sol Irving Sokolsky, Kingston, N. Y., and Peter F. Rooney, New York City, of counsel on main brief, and Charles H. Gaffney, Kingston, N. Y., of counsel on supplemental brief.

Paul W. Williams, U. S. Atty., New York City, for appellee; Adelbert C. Matthews, Jr., George C. Mantzoros and Maurice N. Nessen, Asst. U. S. Attys., New York City, of counsel.

Before CLARK, Chief Judge, and SWAN and POPE, Circuit Judges.

Rehearing Denied October 1, 1957. See 248 F.2d 163.

SWAN, Circuit Judge.

This appeal is from a judgment of conviction and sentence, after trial to a jury, for making false and fraudulent statements in a matter within the jurisdiction of the Fiscal Service of the United States Treasury Department.1 The indictment comprised three counts, each based on a separate letter addressed to the Fiscal Service...

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