O'KELLEY v. UNITED STATES

Nos. 11649, 11651, No. 11652.

116 F.2d 966 (1941)

O'KELLEY v. UNITED STATES. TREADWAY v. SAME.

Circuit Court of Appeals, Eighth Circuit.

January 13, 1941.


Attorney(s) appearing for the Case

Hugh Carney, of Atlanta, Tex., for appellant O'Kelley.

Bert B. Larey, of Texarkana, Ark., for appellant Treadway.

Clinton R. Barry, U. S. Atty., of Fort Smith, Ark. (Duke Frederick, Asst. U. S. Atty., and John E. Harris, Asst. U. S. Atty., both of Fort Smith, Ark., on the brief), for appellee.

Before GARDNER, WOODROUGH, and JOHNSEN, Circuit Judges.


GARDNER, Circuit Judge.

These appeals are in effect from three convictions. Appellants O'Kelley and Treadway, with six other individuals, were indicted for a conspiracy "to commit certain offenses against the United States and to do and commit certain acts made offenses by Section 409, Title 18, U.S.C.A., in and by unlawfully, knowingly, and feloniously breaking into and entering a certain railroad car, initialed and numbered Southern 14222, containing an interstate...

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