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NEVILLE v. UNITED STATES

No. 17760.

272 F.2d 414 (1959)

Benjamin Franklin NEVILLE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied November 28, 1959.

Attorney(s) appearing for the Case

Donald McKay, Montgomery, Ala., for appellant.

Hartwell Davis, U. S. Atty., Ralph M. Daughtry, Asst. U. S. Atty., Montgomery, Ala., for appellee.

Before RIVES, Chief Judge, and BROWN and WISDOM, Circuit Judges.

RIVES, Chief Judge.

This appeal is from a judgment of conviction on all counts of two separate indictments charging offenses proscribed by 18 U.S.C. § 472.1 One of the indictments and Count One of the other are practically identical.2 One of the indictments contains a second count, quoted in the margin.3

The evidence discloses why two indictments were returned. The...

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