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COHEN v. UNITED STATES

No. 20807.

378 F.2d 751 (1967)

Lesly COHEN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied June 20, 1967.

Attorney(s) appearing for the Case

John V. Lewis, Richard H. Foster, San Francisco, Cal., for appellant.

Cecil F. Poole, U. S. Atty., San Francisco, Cal., Louis Scalzo, John C. Keeney, Attys. Crim. Div., Dept. of Justice, Washington, D. C., for appellee.

Before HAMLIN, MERRILL and BROWNING, Circuit Judges.

BROWNING, Circuit Judge.

Appellant was convicted on two counts of an indictment charging knowing utilization of interstate telephone facilities for the transmission of wagers and wagering information in violation of 18 U.S.C. § 1084(a) (1964).1

The first count alleged that during the period September 16, 1962, to December 15, 1962, appellant knowingly used interstate telephone facilities to transmit information from Las Vegas...

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