FAHY, Circuit Judge.
The appellants were convicted on several counts of an indictment charging violations of the gambling statutes. Count one charged that during the period from March 1, 1957, to May 29, 1957, appellants and one James Allen conspired to commit lottery offenses against the United States, that is, conspired to violate §§ 22-1501 and 22-1502, D.C. Code (1951). Allen was never arraigned or brought to trial.
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