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MURDICK v. UNITED STATES

Nos. 7417-7422.

15 F.2d 965 (1926)

MURDICK v. UNITED STATES, and five other cases.

Circuit Court of Appeals, Eighth Circuit.

November 5, 1926.

Attorney(s) appearing for the Case

Homer Morris, of Minneapolis, Minn., for plaintiffs in error Murdick, Radcliffe, and Sterner.

Robert Cowling, of Minneapolis, Minn., for plaintiffs in error Perry and Clarey.

Thomas J. Newman, of St. Paul, Minn., for plaintiff in error Barnes.

Lafayette French, Jr., U. S. Atty., of St. Paul, Minn. (William Anderson, Asst. U. S. Atty., of St. Paul, Minn., on the brief), for the United States.

Before KENYON, Circuit Judge, and SCOTT and SANBORN, District Judges.

KENYON, Circuit Judge.

Plaintiffs in error (hereafter for convenience referred to as defendants) were tried in the District Court of the United States for the District of Minnesota upon an indictment charging in the first count a violation of that portion of section 194 of the Penal Code (Comp. St. § 10364) reading as follows:

"Sec. 194. Whoever shall steal, take or abstract, or by fraud or deception obtain, from or out of any mail, post-office, or station...

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