ZIMMERMAN v. UNITED STATES

Nos. 4001, 4018.

1 F.2d 712 (1924)

ZIMMERMAN et al. v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

July 8, 1924.


Attorney(s) appearing for the Case

Ben W. Johnson, of Toledo, Ohio (Curtis T. & Ben W. Johnson, of Toledo, Ohio, on the brief), for plaintiffs in error.

George E. Reed, Asst. U. S. Atty., of Toledo, Ohio (A. E. Bernsteen, U. S. Atty., of Cleveland, Ohio, and Geo. E. Reed, Asst. U. S. Atty., of Toledo, Ohio), for the United States.

Before DENISON, MACK, and DONAHUE, Circuit Judges.


PER CURIAM.

In a memorandum opinion, denying a motion for new trial and sentencing the defendants to 21 months in the penitentiary, the trial judge summarizes the situation as follows:

"The defendants in this case were jailers and deputy sheriffs of Lucas county, Ohio, and as such, on the occasion of the commission of the alleged crime, were directly in charge of federal prisoners confined in the county jail. They were jointly indicted, because of the escape...

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