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UNITED STATES v. MALICOATE

No. 74-1458.

531 F.2d 439 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Darrell Gene MALICOATE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided July 28, 1975.

Attorney(s) appearing for the Case

O. B. Johnston, III, Asst. U. S. Atty., Oklahoma City, Okl. (William R. Burkett, U. S. Atty., and Jeff R. Laird, First Asst. U. S. Atty., Oklahoma City, Okl., on the brief), for plaintiff-appellee.

Charles S. Holmes, Tulsa, Okl. (Doyle & Holmes, Tulsa, Okl., on the brief), for defendant-appellant.

Before LEWIS, Chief Judge, and BREITENSTEIN and McWILLIAMS, Circuit Judges.

McWILLIAMS, Circuit Judge.

Darrell Gene Malicoate was charged by information with conspiracy and so-called "record piracy" in violation of 18 U.S.C. § 371 and 17 U.S.C. §§ 101(e) and 104. A jury convicted Malicoate on the conspiracy count, and on most, though not all, of the substantive counts of record piracy. The issue here presented arises from the fact that the information contained an erroneous citation...

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