RAILTON v. UNITED STATES

No. 9979.

127 F.2d 691 (1942)

RAILTON v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied June 2, 1942.


Attorney(s) appearing for the Case

Maury Hughes and J. Forrest McCutcheon, both of Dallas, Tex., for appellant.

Clyde O. Eastus, U. S. Atty., of Fort Worth, Tex., and Joe H. Jones, Asst. U. S. Atty., of Dallas, Tex., for appellee.

Before FOSTER, SIBLEY, and HOLMES, Circuit Judges.


SIBLEY, Circuit Judge.

E. J. Railton was charged jointly with Claude Jordan and Arthur Lee Simpson with conspiracy to steal and carry away property of the United States in violation of Section 82 of Title 18, U.S.C.A., the overt acts charged all relating to the stealing and selling of certain fire clay. In a second count they were charged with actually stealing and carrying away the fire clay. Simpson pleaded guilty and became the chief witness for the prosecution...

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