HAMNER v. UNITED STATES

No. 10393.

134 F.2d 592 (1943)

HAMNER v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied May 11, 1943.


Attorney(s) appearing for the Case

Andrew M. Smith and Wm. G. B. Morrison, both of Houston, Tex., for appellant.

Brian S. Odem, Asst. U. S. Atty., of Houston, Tex., for appellee.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.


SIBLEY, Circuit Judge.

Appellant Hamner's motion to quash counts one and two of the indictment was overruled; a jury was waived, and he and two others were convicted and sentenced to fine and penitentiary imprisonment for conspiracy and for seven substantive offenses which were also charged as overt acts done pursuant to the conspiracy. Hamner alone appeals.

The motion to quash was in reality a demurrer, which included in its grounds that count one charged...

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