United States of America, Appellee, v. Melvin Smith, Appellant, 427 F.2d 146 (4th Cir. 1970)

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US Court of Appeals for the Fourth Circuit - 427 F.2d 146 (4th Cir. 1970) June 4, 1970

Donald J. Reichle, Seaford, Va. (Court-appointed) on brief for appellant.

Roger T. Williams, Asst. U. S. Atty., on brief for appellee.

Before SOBELOFF, BOREMAN and BRYAN, Circuit Judges.


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.