Robert Twitchell and Harrison Rogers v. United States

DUNIWAY, Circuit Judge:

Following our decision on appeal in this case (Twitchell v. United States, 1963, 313 F.2d 425) appellant Harrison Rogers petitioned for certiorari. The Supreme Court, 84 S.Ct. 637, upon the Solicitor General’s confession of error, remanded the case to us “to reconsider the conviction on count nine in light of the Government’s confession of error and to determine whether the judgment of the District Court should be affirmed on the basis of the conviction under count seven.”

We have examined the government’s confession of error. It states that Wells paid for her own…