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UNITED STATES v. HESTER

No. 18711.

325 F.2d 654 (1963)

UNITED STATES of America, Appellant, v. John Lee HESTER, Appellee.

United States Court of Appeals Ninth Circuit.

December 11, 1963.

Attorney(s) appearing for the Case

Francis C. Whelan, U. S. Atty., Thomas R. Sheridan, Asst. U. S. Atty., Chief, Criminal Section; Robert L. Brosio, Asst. U. S. Atty., Los Angeles, Cal., for appellant.

Goodman & Hirschberg and Stephen Scott King, Los Angeles, Cal., for appellee.

Before BARNES and JERTBERG, Circuit Judges, and JAMESON, District Judge.

JAMESON, District Judge:

The United States, appellant here, seeks a reversal of an order of the district court dismissing an indictment, or, in the alternative, for a writ vacating the judgment of dismissal and ordering the trial judge to reinstate the indictment and set a date for trial. The United States in effect concedes that an appeal will not lie under the Criminal Appeals Act, 18 U.S.C.A. § 3731, construed by this court in United States v. Apex Distributing...

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