UNITED STATES v. WAGSTAFF

No. 77-1792.

572 F.2d 270 (1978)

UNITED STATES of America, Plaintiff-Appellant, v. James R. WAGSTAFF, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided March 20, 1978.


Attorney(s) appearing for the Case

Ronald L. Rencher, U. S. Atty., Salt Lake City, Utah (Steven W. Snarr, Asst. U. S. Atty., Salt Lake City, Utah, with him on the brief), for plaintiff-appellant.

Harold G. Christensen of Snow, Christensen & Martineau, Salt Lake City, Utah (L. Craig Metcalf of Snow, Christensen & Martineau, Salt Lake City, Utah, with him on the brief), for defendant-appellee.

Before McWILLIAMS, BREITENSTEIN and DOYLE, Circuit Judges.


WILLIAM E. DOYLE, Circuit Judge.

This case involves the question of the finality of a judgment dismissing an indictment.

The defendant-appellee herein was indicted on November 3, 1976. He was charged with fraudulently and knowingly concealing and facilitating the transportation of an automobile imported contrary to law with knowledge that the automobile had been imported contrary to law, in that it had been smuggled into the United States without a proper...

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