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BRILLIANT v. UNITED STATES

No. 16806.

297 F.2d 385 (1962)

Sidney Norman BRILLIANT, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied January 22, 1962.

Attorney(s) appearing for the Case

Norman S. London, St. Louis, Mo., for appellant.

John A. Newton, Asst. U. S. Atty., St. Louis, Mo., for appellee, D. Jeff Lance, U. S. Atty., St. Louis, Mo., on the brief.

Before SANBORN and VAN OOSTERHOUT, Circuit Judges, and GRAVEN, Senior District Judge.

GRAVEN, Senior District Judge.

The appellant appeals from a judgment of conviction and sentence imposed upon him following a trial and verdict of guilty by a jury under an indictment in one count. The appellant was sentenced to fifteen months' imprisonment and to pay a fine of $500. On October 11, 1960, a Grand Jury for the Eastern District of Missouri returned the following indictment:

"The Grand Jury charges: "That on or about August 20, 1959...

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