KELLY, District Judge.
This case was set for trial by jury on a two count Information, filed in this court on October 22, 1957. Count One, charging assault and battery, was dismissed on motion of the Government at the suggestion of the complaining witness, Frank Bolton. The defendant appeared in court with his attorney and pleaded guilty on April 21, 1958, to Count Two of the Information charging driving while under the influence of intoxicating liquor.
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