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FRASIER v. UNITED STATES

No. 5407.

267 F.2d 62 (1959)

Rufus FRASIER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals First Circuit.

May 22, 1959.

Attorney(s) appearing for the Case

Herald P. Fahringer, Jr., Buffalo, N. Y., Lipsitz, Green & Fahringer, Buffalo, N. Y., on the brief, for appellant.

George H. Lewald, Asst. U. S. Atty., Boston, Mass., J. Walter Yeagley, Acting Asst. Atty. Gen., Anthony Julian, U. S. Atty., Boston, Mass., and Clinton B. D. Brown and Jerome L. Avedon, Attys., Department of Justice, Washington, D. C., on the brief, for appellee.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.

HARTIGAN, Circuit Judge.

This is an appeal by the defendant, Rufus Frasier, from a judgment of conviction of the United States District Court for the District of Massachusetts entered on July 22, 1958. The judgment was based on a jury verdict finding the defendant guilty on two counts of an indictment charging violations of 18 U.S. C. § 1001 (1952).1 The first count charged that the defendant knowingly and willfully on or about August...

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