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WOOD v. UNITED STATES

No. 22632.

405 F.2d 423 (1968)

Lafayette WOOD, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied January 20, 1969.

Attorney(s) appearing for the Case

Charles L. Kellar, Las Vegas, Nev., for appellant.

Joseph L. Ward, U. S. Atty., Robert S. Linnell, Asst. U. S. Atty., Las Vegas, Nev., for appellee.

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

J. WARREN MADDEN, Judge:

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

Evidence introduced by the Government at the trial supports the following recital of facts. On October 6, 1965, Sergeant McCarthy of the...

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