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AUDETT v. UNITED STATES

No. 12296.

132 F.2d 528 (1942)

AUDETT v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

December 7, 1942.

Attorney(s) appearing for the Case

Forest W. Hanna, of Kansas City, Mo., for appellant.

Emmet L. Murphy and William H. Meier, Asst. U. S. Attys., and Joseph T. Votava, U. S. Atty., all of Omaha, Neb., for appellee.

Before GARDNER, WOODROUGH, and THOMAS, Circuit Judges.

WOODROUGH, Circuit Judge.

The appellant is confined in the federal prison at Alcatraz pursuant to conviction and ten year sentence under the first count of an indictment which charged that he and another "did unlawfully, knowingly and feloniously enter the First State Bank of Whitman, Nebraska, with the intent then while in said bank and therein to commit the crime of larceny, that is to say, to steal, take, and carry away...

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