The facts of this case bring it within the ruling of this court in Poretto v. United States, 5 Cir., 196 F.2d 392 and Marcello v. United States, 5 Cir., 196 F.2d 437, and require that the judgment of the trial court be reversed and that judgment be here rendered, discharging the defendant.
Judgment reversed and rendered.
STRUM, Circuit Judge, dissents.
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