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MELLING v. UNITED STATES

No. 3968.

25 F.2d 92 (1928)

MELLING v. UNITED STATES.

Circuit Court of Appeals, Seventh Circuit.

February 17, 1928.

Attorney(s) appearing for the Case

H. C. Moore and A. M. Fitzgerald, both of Springfield, Ill., for plaintiff in error.

Walter M. Provine, of Springfield, Ill., for the United States.

Before ALSCHULER, EVANS, and PAGE, Circuit Judges.

ALSCHULER, Circuit Judge.

Melling and one other were together indicted for participation in the same mail robbery which gave rise to cause No. 3965, O'Brien et al. v. United States, 25 F.2d 90, in this court, our opinion wherein is this day also filed. The indictment is the same in form as in the other case. Melling alone was tried, the other defendant not being found, and there was no evidence of the latter's participation in the...

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