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REED v. UNITED STATES

No. 19112.

401 F.2d 756 (1968)

Nathaniel REED, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

September 26, 1968.

Attorney(s) appearing for the Case

George Howard, Jr., Pine Bluff, Ark., for appellant.

Robert F. Fussell, Asst. U. S. Atty., Little Rock, Ark., for appellee, W. H. McClellan, former U. S. Atty., W. H. Dillahunty, present U. S. Atty., Little Rock, Ark., on the briefs.

Before MATTHES and HEANEY, Circuit Judges, and REGISTER, Chief District Judge.

MATTHES, Circuit Judge.

A two-count indictment charged that defendant had violated 26 U.S.C. § 5851.1 He waived trial by jury. Upon finding defendant guilty as charged, Judge Young sentenced him to imprisonment for a period of "three years on the indictment as a whole." This appeal followed.

Omitting its formal parts Count I charged:

"That on or about May 20, 1967, in Pine Bluff, Jefferson County, Arkansas, and in...

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