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WEATHERS v. UNITED STATES

No. 9912.

126 F.2d 118 (1942)

WEATHERS v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

February 28, 1942.

Attorney(s) appearing for the Case

P. Donald DeHoff and William J. DeHoff, both of Jacksonville, Fla., for appellant.

Herbert S. Phillips, U. S. Atty., of Tampa, Fla., and Damon G. Yerkes, Asst. U. S. Atty., of Jacksonville, Fla., for appellee.

Before SIBLEY, HUTCHESON, and McCORD, Circuit Judges.

SIBLEY, Circuit Judge.

The appellant, Alvah H. Weathers, charged in two counts with depositing and causing to be deposited in the mail certain papers and letters, intending to give Miss Mary DeVeaux information where, how and by whom an abortion might be produced,1 was heretofore tried and convicted on the first count and acquitted on the second. The conviction was reversed for error in the trial.2 A second...

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