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SUHAY v. UNITED STATES

No. 1589.

95 F.2d 890 (1938)

SUHAY et al. v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied April 25, 1938.

Attorney(s) appearing for the Case

Wm. H. McHale, of Kansas City, Kan., and John Kramer, of Kansas City, Mo. (Verne D. Edwards, of Kansas City, Mo., and Harold D. Thomas, of Washington, D. C., on the brief), for appellants.

Summerfield S. Alexander, U. S. Atty., of Topeka, Kan. (R. T. McCluggage, Homer Davis, and Gordon Sloan, Asst. U. S. Attys., all of Topeka, Kan., on the brief), for appellee.

Before LEWIS, PHILLIPS, and BRATTON, Circuit Judges.

BRATTON, Circuit Judge.

Appellants Robert J. Suhay and Glen J. Applegate were charged by indictment with the murder of Wimberly Wayne Baker in the post office building at Topeka, Kan. In submitting the case to the jury, the court instructed on murder in the first degree and murder in the second degree; and the jury was appropriately advised that in the event appellants were found guilty of murder in the first degree, the verdict could be qualified by adding thereto...

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