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CHANDLER v. UNITED STATES

Nos. 21475, 21475A.

378 F.2d 906 (1967)

Edward Howard CHANDLER and Henry May, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

June 9, 1967.

Attorney(s) appearing for the Case

Charles M. Giles, Tucson, Ariz., for appellants.

Richard C. Gormley, U. S. Atty., John L. Augustine, JoAnn D. Diamos, Morton Sitver, Asst. U. S. Attys., Tucson, Ariz., for appellee.

Before POPE, BARNES and HAMLEY, Circuit Judges.

HAMLEY, Circuit Judge:

Edward Howard Chandler and Henry May appeal from their convictions, after a joint jury trial, for escape from a penal institution in violation of 18 U.S.C. § 751 (1964).

Chandler and May were prisoners at a minimum security federal prison camp located on Route 366, eight miles southeast of Safford, Arizona. A bed check made by prison personnel at 1:15 a.m. on August 27, 1966, did not reveal that any prisoners were missing. However...

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