HODGES v. UNITED STATES

No. 58.

36 F.2d 356 (1929)

HODGES et al. v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

November 25, 1929.


Attorney(s) appearing for the Case

T. H. Davidson, of Muskogee, Okl. (W. K. Zachry, of Muskogee, Okl., on the brief), for appellants.

Frank Lee, U. S. Atty., of Muskogee, Okl. (W. F. Rampendahl, Asst. U. S. Atty., of Muskogee, Okl., on the brief), for the United States.

Before LEWIS, COTTERAL, and PHILLIPS, Circuit Judges.


PHILLIPS, Circuit Judge.

Upon further consideration, we have reached the conclusion that we misconstrued the judgment in this case and that the sentences on the first and second counts are to run consecutively and not concurrently. This makes it necessary for us to consider the appeal from the judgment on the first count.

We have stated substantially all of the evidence in our former opinion. While the evidence established that Doyle owned and possessed the...

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