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GOLLIHER v. UNITED STATES

Nos. 18069, 18073, 18121.

362 F.2d 594 (1966)

Richard Lee GOLLIHER, Appellant, v. UNITED STATES of America, Appellee. Harry Richard HOLMES, Appellant, v. UNITED STATES of America, Appellee. Carl Dean WHEELER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

June 30, 1966.

Attorney(s) appearing for the Case

Richard J. Bruckner, of Schrempp, Lathrop, Rosenthal & Bruckner, Omaha, Neb., for appellants Richard Lee Gollither and Carl Dean Wheeler; David S. Lathrop, of Schrempp Lathrop, Rosenthal & Bruckner, Omaha, Neb., on the brief.

Alfred A. Fiedler, Omaha, Neb., for appellant Harry Richard Holmes.

Russell J. Blumenthal, Asst. U. S. Atty., Omaha, Neb., for appellee; Theodore L. Richling, U. S. Atty., Omaha, Neb., on the brief.

Before MATTHES and GIBSON, Circuit Judges, and HUNTER, District Judge.

GIBSON, Circuit Judge.

This is an appeal from the United States District Court for the District of Nebraska wherein appellants Golliher, Wheeler, and Holmes were convicted of unlawfully entering a Federally insured bank in violation of 18 U.S.C. § 2113 (a).1

A little after midnight on the morning of April 28, 1963, Marshal Padgett of the small town of Wallace, Nebraska, was parked in his car across the street from the Farmers...

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