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BAXLEY v. UNITED STATES

No. 5054.

134 F.2d 937 (1943)

BAXLEY v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

April 2, 1943.

Attorney(s) appearing for the Case

William H. Smith, of Florence, S. C., for appellant.

Louis M. Shimel, Asst. U. S. Atty., of Charleston, S. C. (C. N. Sapp, U. S. Atty. of Columbia, S. C., and Ben Scott Whaley, Asst. U. S. Atty., of Charleston, S. C., on the brief), for appellee.

Before PARKER, SOPER, and DOBIE, Circuit Judges.

DOBIE, Circuit Judge.

The appellant here, John Melvin Baxley (hereinafter called Baxley), was indicted, tried, convicted and sentenced in the United States District Court, for a violation of 50 U.S.C.A. Appendix, § 311. The material part of the indictment charged that Baxley "unlawfully, knowingly and wilfully did counsel one Arthur Haselden, and his son Elbert Haselden, one Dave Donley, and his son David Donley, one Philip Spring, and divers other persons, to...

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