United States v. Elmer Cummings

507 F.2d 324

UNITED STATES of America, Appellee,

v.

Elmer CUMMINGS, Appellant.

No. 74-1352.

United States Court of Appeals, Eighth Circuit.

Submitted Sept. 10, 1974.

Decided Nov. 20, 1974, Rehearing Denied Dec. 18, 1974.

Michael F. Pieplow, Davenport, Evans, Hurwitz & Smith, Sioux Falls, S.D., for appellant.

Larry Von Wald, Asst. U.S. Atty., Sioux Falls, S.D., for appellee.

Before LAY, ROSS and WEBSTER, Circuit Judges.

ROSS, Circuit Judge.

1

After a trial to the court, Elmer Cummings was convicted of two counts of knowing interstate transportation of gambling devices in violation of 15 U.S.C. 1172. He…