McCLINTOCK v. UNITED STATES

No. 565.

60 F.2d 839 (1932)

McCLINTOCK v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

August 13, 1932.


Attorney(s) appearing for the Case

Clyde Taylor, of Kansas City, Mo. (James A. Reed and James E. Taylor, both of Kansas City, Mo., on the brief), for appellant.

L. E. Wyman, Asst. U. S. Atty., of Topeka, Kan. (S. M. Brewster, U. S. Atty., and Donald Little, Asst. U. S. Atty., both of Topeka, Kan., on the brief), for the United States.

Before LEWIS, and PHILLIPS, Circuit Judges, and POLLOCK, District Judge.


PHILLIPS, Circuit Judge.

An indictment containing 19 counts was returned against McClintock, James E. Brady, and Arthur J. Baxter. The first eighteen counts charged violations of section 215 and the nineteenth count charged a violation of section 37, of the Penal Code (title 18, USCA §§ 338 and 88).

Brady filed an affidavit of bias and prejudice for the purpose of disqualifying the United States District Judge for the District of Kansas. On April...

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