KENNERLY, District Judge.
This is a hearing on the demurrer of the defendant Norman Baker to an indictment filed herein April 20, 1936, which charges the defendants (count 1) with conspiracy (section 88, title 18, U.S.C.A.) to violate, and (counts 2, 3, 4, and 5) with violations of, subdivision (b) of section 325, title 47 U.S.C.A. Subdivisions (b) and (c) of such section read as follows:
"(b) No person shall be permitted to locate, use, or maintain a radio...
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