Legal Opinion

McCain v. United States

Court of Appeals for the Fifth Circuit

Decided July 5, 1945No. 11226Published

1Opinion of the Court

HUTCHESON, Circuit Judge.

Convicted of the unlawful possession and the unlawful transfer of gasoline ration coupons, the defendant, not contesting his conviction on the transportation counts three and five, seeks a reversal as to the conviction on the possession counts two and four. His point is that since the possession count two involved the same coupons dealt with in the transportation count three, and the possession count four with those dealt with in transportation count five, the crime of transportation included that of possession, and the conviction on the possession counts must be…

2Cases cited4 opinions

  1. Albrecht v. United StatesSupreme Court of the United States · 1927
  2. Miller v. United StatesCourt of Appeals for the Second Circuit · 1945
  3. Hadley v. United StatesCourt of Appeals for the Eighth Circuit · 1927
  4. Bonner v. United StatesCourt of Appeals for the Eighth Circuit · 1931

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