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UNITED STATES v. HUNTER

Nos. 72-1700, 72-1701.

478 F.2d 1019 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Earl Christopher HUNTER et al., Defendants-Appellants. UNITED STATES of America, Plaintiff-Appellee, v. Hyland HILL, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 11, 1973.

Rehearing Denied June 13, 1973.

Attorney(s) appearing for the Case

James W. Bradford, James Manahan, William J. Dougherty, Indianapolis, Ind., for defendants-appellants.

Stanley B. Miller, U. S. Atty., William F. Thompson, Asst. U. S. Atty., Indianapolis, Ind., for plaintiff-appellee.

Before DUFFY, Senior Circuit Judge, and KILEY and STEVENS, Circuit Judges.

STEVENS, Circuit Judge.

Fourteen defendants were indicted as joint participants in an Indianapolis gambling operation. Count I charged a conspiracy to conduct an illegal gambling business in violation of 18 U.S.C. § 371; Count II charged that the same defendants engaged in the same illegal gambling business "in concert with each other" in violation of 18 U.S.C. § 1955. Shortly after the trial commenced, the charges against one defendant were dismissed and...

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