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UNITED STATES v. SCHUTTE

No. 79-1485.

610 F.2d 698 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Edward L. SCHUTTE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided November 20, 1979.

Attorney(s) appearing for the Case

James P. Buchele, U. S. Atty., and Douglas B. Comer, Asst. U. S. Atty., Topeka, Kan., for plaintiff-appellee.

J. Steven Schweiker and David R. Gilman & Associates, Overland Park, Kan., for defendant-appellant.

Before McWILLIAMS, LEWIS and LOGAN, Circuit Judges.

McWILLIAMS, Circuit Judge.

By indictment Edward L. Schutte was charged in two counts with wilfully, knowingly and unlawfully issuing a false and fraudulent warehouse certificate in violation of 7 U.S.C. § 270. Each count related to a different warehouse certificate. To each count Schutte filed a motion to dismiss, alleging that the provisions of 7 U.S.C. § 270 did not sufficiently advise him of the crime charged. This motion was denied.

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