UNITED STATES v. IRVING

No. 74-1722.

509 F.2d 1325 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Spencer IRVING, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied June 11, 1975.


Attorney(s) appearing for the Case

Joseph R. Bankoff, Atlanta, Ga. (Court-appointed), for defendant-appellant.

John W. Stokes, Jr., U. S. Atty., Sherman D. Johnson, Dorothy T. Beasley, Asst. U. S. Attys., Atlanta, Ga., for plaintiff-appellee.

Before DYER, SIMPSON and CLARK, Circuit Judges.


Rehearing and Rehearing En Banc Denied June 11, 1975.

SIMPSON, Circuit Judge:

Appellant, Spencer Irving, Jr., was charged in a single count information with imparting false information concerning an alleged attempt to be made to commit air piracy, in violation of Title 49, U.S.C., Sec. 1472(m)(1).1 The district judge denied Irving's motion to dismiss for failure to state an offense against...

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