BALTZELL, District Judge.
On June 9, 1936, an indictment in eight counts was returned by the grand jury in and for the Southern Division of the Southern District of Illinois, wherein appellant and one Arlie Tender were charged with the violation of section 588b, title 12 U.S.C.A. The particular provision of the statute which they are charged with having violated is as follows:
"§ 588b. Robbery of bank; assault in committing or attempting to commit...
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