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.

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.