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BELLANDE v. UNITED STATES

No. 5094.

25 F.2d 1 (1928)

BELLANDE et al. v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied April 19, 1928.

Attorney(s) appearing for the Case

Chandler C. Luzenberg, of New Orleans, La., for plaintiffs in error.

W. G. Borah, U. S. Atty., and E. E. Talbot, Asst. U. S. Atty., both of New Orleans, La.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

The defendants, Cook, Glynn, Bellande, and Normandale, were convicted upon an indictment which charged them with conspiracy to rob a carrier of United States mail, in violation of section 197 of the Criminal Code (18 USCA § 320).

Actual robbery was shown by the undisputed evidence. The trial court submitted to the jury two overt acts, which the indictment alleged were committed to effect the...

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