U.S. Court of Appeals for the Fourth Circuit, 1970

United States v. Melvin Smith

U.S. Court of Appeals for the Fourth Circuit · Decided June 4, 1970 · Sobeloff, Boreman, Bryan

427 F.2d 146; 1970 U.S. App. LEXIS 8889 (Federal Reporter, Second Series)

Counsel

Donald J. Reichle, Seaford, Va. (Court-appointed) on brief for appellant., Roger T. Williams, Asst. U. S. Atty., on brief for appellee.

Opinion

*147 PER CURIAM:

Upon the concession of the United States Attorney that the indictment fails to state an offense, and his suggestion of a remand for the entry of an order dismissing the indictment, the judgment of conviction is hereby

Reversed and the case is remanded for the entry of an appropriate order.

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