No. 2696.Circuit Court of Appeals, Fourth Circuit.
April 23, 1928.
In Error to the District Court of the United States for the Western District of Virginia, at Danville; Henry Clay McDowell, Judge.
Hugh T. Williams and John W. Carter, Jr., all of Danville, Va., for plaintiff in error.
J.C. Shaffer, U.S. Atty., of Roanoke, Va., and C.E. Gentry, Asst. U.S. Atty., of Charlottesville, Va.
Before WADDILL and NORTHCOTT, Circuit Judges, and McCLINTIC, District Judge.
PER CURIAM.
This case is ruled by that of Dodson v. United States, 23 F.2d 401, which was decided by this court, and hence the government confesses error, and consents to the reversal of the case. It is accordingly ordered, for the reasons stated, that the case be reversed and remanded to the District Court, with directions to award a new trial therein.
Reversed.
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