Opinion
No. 10573.
October 21, 1948.
Appeal from the United States District Court for the Western District of Tennessee; Marion Speed Boyd, Judge.
C.P.J. Mooney and L.E. Gwinn, both of Memphis, Tenn., for appellant.
John Brown, of Memphis, Tenn., for appellee.
Before HICKS, Chief Judge, and McALLISTER and MILLER, Circuit Judges.
This cause was heard upon the transcript of the record, briefs and argument of counsel. Upon consideration whereof it is ordered and adjudged that the judgment appealed from be and the same is reversed upon the authority of the case of Blunden et al. v. United States of America, 169 F.2d 991, decided by this court September 13, 1948; and the case is remanded to the District Court with instructions to enter a judgment dismissing the indictment.