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EVANS v. UNITED STATES

No. 1992.

122 F.2d 461 (1941)

EVANS v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

August 22, 1941.

Attorney(s) appearing for the Case

David Allen, of Denver, Colo. (James B. Kelsey and John H. Murray, both of Leavenworth, Kan., and Joseph J. Wolf, of San Francisco, Cal., on the brief), for appellant.

Summerfield S. Alexander, U. S. Atty., of Topeka, Kan. (Homer Davis, Asst. U. S. Atty., of Topeka, Kan., on the brief), for appellee.

Before PHILLIPS and BRATTON, Circuit Judges, and FRANKLIN E. KENNAMER, District Judge.

FRANKLIN E. KENNAMER, District Judge.

This appeal is from a conviction in the court below of the appellant, Everett Ault Evans, alias Everett A. Troglin, alias Dutch Evans, of the crime of murder in the first degree for the killing of Herbert Otis Hayes within the United States Penitentiary at Leavenworth, Kansas.

It was charged that appellant committed an assault on Hayes about 10:30 A. M. on May 23, 1938, which resulted in the death of the latter shortly...

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