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BARTON v. UNITED STATES

No. 17093.

263 F.2d 894 (1959)

Milton Ray BARTON and Leslie McCullem Mitchell, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

February 26, 1959.

Attorney(s) appearing for the Case

Howard H. Dailey, Dallas, Tex., Jerry D. Brownlow, Brownlow & Bailey, Grand Prairie, Tex., for appellants.

Minor L. Morgan, Asst. U. S. Atty., Dallas, Tex., William B. West, III, U. S. Atty., Fort Worth, Tex., for appellee.

Before HUTCHESON, Chief Judge, and RIVES and JONES, Circuit Judges.

RIVES, Circuit Judge.

The indictment under the Mann Act1 charged in the first count that "on or about October 7, 1957," Milton Ray Barton and Leslie McCullem Mitchell transported in interstate commerce from Dallas, Texas, to Hobbs, New Mexico, "one Carolyn Anita McQueary, a girl," for the purpose of prostitution. The second count was the same, except it specified a different date, "on or about November 1, 1957," and a different female...

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