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RUFFINO v. UNITED STATES

No. 9391.

114 F.2d 696 (1940)

RUFFINO v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

September 11, 1940.

Attorney(s) appearing for the Case

Marshall B. Woodworth, of San Francisco, Cal., and S. Luke Howe, of Sacramento, Cal., for appellant.

Frank J. Hennessy, U. S. Atty., and W. E. Licking and Thos. C. Lynch, Asst. U. S. Attys., all of San Francisco, Cal. for appellee.

Before WILBUR, MATHEWS, and HEALY, Circuit Judges.

HEALY, Circuit Judge.

Appellant was indicted on three counts purporting to charge violations of the Trading With The Enemy Act, § 5(b), as amended March 9, 1933, 12 U.S.C.A. § 95a, and the Gold Reserve Act of 1934, § 3, 31 U.S.C.A. § 442. He entered a plea of guilty to the first count, the other two being dismissed.

The first count indicates parenthetically the two statutes by their code citations, and proceeds then to charge that appellant...

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