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UNITED STATES v. KELLY

No. 15209.

328 F.2d 227 (1964)

UNITED STATES of America, Plaintiff-Appellee, v. George L. KELLY, Thomas Francis Kelly, Sr., Thomas Francis Kelly, Jr. and Louis Efkeman, Defendants-Appellants.

United States Court of Appeals Sixth Circuit.

February 26, 1964.

Attorney(s) appearing for the Case

Walter E. Gallagher, Washington, D. C., for appellants, J. Leonard Walker, Louisville, Ky., on the brief.

William E. Scent, U. S. Atty., Louisville, Ky., and Edward J. Joyce, Dept. of Justice, Washington, D. C., for appellee, Wayne J. Carroll, Asst. U. S. Atty., Louisville, Ky., on the brief.

Before WEICK, Chief Judge, PHILLIPS, Circuit Judge, and FREEMAN, District Judge.

WEICK, Chief Judge.

Appellants were convicted by a jury in the District Court on four counts of a 12-count indictment charging them with knowingly sending in interstate commerce paraphernalia, paper and writing used and to be used and adapted, devised and designed for use in bookmaking in violation of Title 18 U.S.C. § 1953 and Title 18 U.S.C. § 2. They were sentenced to pay fines and costs.

Section 1953 of Title 18 was a new criminal statute enacted...

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