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JOHNSON v. UNITED STATES

No. 22632-A.

404 F.2d 1069 (1968)

Pete JOHNSON, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

December 27, 1968.

Attorney(s) appearing for the Case

Charles L. Kellar (argued), Las Vegas, Nev., for appellant.

Robert S. Linnell (argued), Joseph L. Ward, U. S. Atty., Las Vegas, Nev., for appellee.

Before MADDEN, Judge of the United States Court of Claims, and MERRILL and HUFSTEDLER, Circuit Judges.

MADDEN, Judge:

The appellant, hereinafter called the defendant, was convicted in a jury trial in the district court, of violation of Section 4742(a) of Title 26, United States Code.1 The defendant has appealed. No question regarding the jurisdiction of the district court or of this court is involved.

Evidence introduced by the prosecution supports the following narrative. On October 6...

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