
    PACE v. UNITED STATES.
    (Circuit Court of Appeals, Fifth Circuit.
    March 28, 1905.)
    No. 1,388.
    In Error to the District Court of the United States for the Middle District of Alabama.
    W. W. Pearson, for plaintiff in error. W. S. Reese, Jr., and Julius Sternfeld, for the United States.
    Before PARDEE and SHELBY, Circuit Judges, and NEWMAN, District Judge.
   PER CURIAM.

The judgment of the District Court is affirmed, on the authority of Samuel M. Clyatt v. The United States, 25 Sup. Ct. 429, 49 L. Ed. -, decided by the Supreme Court March 13, 1905. As to the second count in the indictment, see, also, Gardes v. United States, 87 Fed. 172, 30 C. C. A. 596.  