No. 7788.

24 F.2d 397 (1928)


Circuit Court of Appeals, Eighth Circuit.

January 3, 1928.

Attorney(s) appearing for the Case

Clyde Taylor, of Kansas City, Mo., (Ernest S. Ellis, of Kansas City, Mo., on the brief), for plaintiffs in error.

Alton H. Skinner, Asst. U. S. Atty., of Topeka, Kan. (Al. F. Williams, U. S. Atty., of Topeka, Kan., on the brief), for the United States.

Before WALTER H. SANBORN and BOOTH, Circuit Judges, and PHILLIPS, District Judge.

PHILLIPS, District Judge.

James E. Brady and Arthur J. Baxter, hereinafter called defendants, were charged by indictment containing three counts with violations of section 215 of the Penal Code, USCA tit. 18, § 338. They were found guilty on each of the three counts and sentenced to serve five years in the United States Penitentiary on each count, the sentences to run concurrently.

Section 215, in part reads as follows:

"Whoever, having devised...

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