TOMLINSON v. UNITED STATES

No. 6987.

93 F.2d 652 (1937)

TOMLINSON et al. v. UNITED STATES.

United States Court of Appeals for the District of Columbia.

Rehearing Denied December 13, 1937.


Attorney(s) appearing for the Case

James A. O'Shea, John H. Burnett, and Alfred Goldstein, all of Washington, D. C., for appellant Tomlinson.

Francis J. Kelly, of Washington, D. C., for appellant Pratt.

Leslie C. Garnett, U. S. Atty., and Samuel F. Beach and Charles B. Murray, Asst. U. S. Attys., all of Washington, D. C.

Before ROBB, GRONER, and MILLER, Associate Justices, and WHEAT, Chief Justice of District Court.


MILLER, Associate Justice.

The appellants were convicted in the District Court under an indictment charging them and Charles Henry Bass with the crime of robbery. They challenged the sufficiency of the indictment on the grounds that there was a misjoinder of offenses and that it charged no offense against appellants.

The offense of robbery is defined by the statute of the District of Columbia, as follows: "Whoever by force or violence, whether against resistance...

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