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UNITED STATES v. GUTHRIE

Nos. 11360, 11368.

387 F.2d 569 (1967)

UNITED STATES of America, Appellee, v. Gerald Ronald GUTHRIE, Appellant. UNITED STATES of America, Appellee, v. Albert Otis HADEN, Appellant.

United States Court of Appeals Fourth Circuit.

Decided December 4, 1967.

Attorney(s) appearing for the Case

Nelson M. Casstevens, Jr., Yadkinville, N. C. (A. A. Bailey, Charlotte, N. C., on brief) for appellant Guthrie.

Louis A. Bledsoe, Jr., Charlotte, N. C. (Court-appointed counsel) and C. Ralph Kinsey, Jr., Charlotte, N. C. (Berry & Bledsoe, Charlotte, N. C., on brief) for appellant Haden.

Wm. Medford, U. S. Atty., (William M. Styles, Asheville, N. C., on brief) for appellee.

Before SOBELOFF, BRYAN and WINTER, Circuit Judges.

SOBELOFF, Circuit Judge:

The legal sufficiency of an indictment for violating 18 U.S.C. § 912 is the primary issue raised by defendant-appellants Haden and Guthrie. That section provides:

"Whoever falsely assumes or pretends to be an officer or employee acting under the authority of the United States or any department, agency or officer thereof, and [1] acts as such, or [2] in such pretended character demands or obtains any money, paper, document, or...

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