
    Emmitt SMITH, Plaintiff in Error, v. UNITED STATES, Defendant in Error.
    (Circuit Court of Appeals, Seventh Circuit.
    November 19, 1925.)
    No. 3542.
    In Error to the District Court of the United States for the Southern District of Illinois, Northern Division.
    I. R. Wasson, of Peoria, Ill., for plaintiff.
    Gertrude Warner, of Peoria, Ill., for the United States.
    Before ALSCHULER, EVANS, and PAGE, Circuit Judges.
   PER CURIAM.

The various assignments of error presented by this writ are all determined by the opinion in McCarren v. United States, 8 F.(2d) 113, decided by this court October 29, 1925, and need not be again considered.

The judgment is modified, by striking therefrom the fine of $1 imposed upon defendant by virtue of his conviction on count No. 3 of the indictment. In all other respects the judgment Is affirmed.  