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UNITED STATES v. SMITH

No. 14180.

427 F.2d 146 (1970)

UNITED STATES of America, Appellee, v. Melvin SMITH, Appellant.

United States Court of Appeals, Fourth Circuit.

June 4, 1970.

Attorney(s) appearing for the Case

Donald J. Reichle, Seaford, Va. (Court-appointed) on brief for appellant.

Roger T. Williams, Asst. U. S. Atty., on brief for appellee.

Before SOBELOFF, BOREMAN and BRYAN, Circuit Judges.

PER CURIAM:

Upon the concession of the United States Attorney that the indictment fails to state an offense, and his suggestion of a remand for the entry of an order dismissing the indictment, the judgment of conviction is hereby

Reversed and the case is remanded for the entry of an appropriate...

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