The following excerpt is from Dimmick v. United States, 135 F. 257 (9th Cir. 1905):
In Crumpton v. United States, 138 U.S. 361, 363, 11 Sup.Ct. 355, 34 L.Ed. 958, testimony had been offered to implicate one Burt as the criminal agent in the commission of the crime of murder. During [135 F. 269] the argument of the case the defendant's counsel said to the jury:
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