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CALDWELL v. UNITED STATES

No. 83.

36 F.2d 742 (1929)

CALDWELL v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

December 9, 1929.

Attorney(s) appearing for the Case

F. H. Reily and Mark Goode, both of Shawnee, Okl. (Charles E. Dierker and John L. Goode, both of Shawnee, Okl., on the brief), for appellant.

Roy St. Lewis, U. S. Atty., of Oklahoma City, Okl. (Fred A. Wagoner, Asst. U. S. Atty., of Oklahoma City, Okl., on the brief), for the United States.

Before LEWIS, PHILLIPS, and McDERMOTT, Circuit Judges.

McDERMOTT, Circuit Judge.

This appeal was argued at the June term of this court, together with the appeal in No. 84, Jess M. Caldwell v. United States of America, 36 F.2d 738. The trial court had imposed concurrent sentences in the two cases. This court examined the briefs in both cases, and filed an opinion dealing more specifically with the errors complained of in case No. 84, and concluded that opinion as follows:

"It is...

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