ROBERTS v. UNITED STATES

No. 11073.

148 F.2d 140 (1945)

ROBERTS v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied April 18, 1945.

Writ of Certiorari Denied June 18, 1945.


Attorney(s) appearing for the Case

G. Ernest Jones and Roderick Beddow, both of Birmingham, Ala., for appellant.

Jim C. Smith, U. S. Atty., and Robert W. Gwin, Asst. U. S. Atty., both of Birmingham, Ala., for appellee.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.


Writ of Certiorari Denied June 18, 1945. See 65 S.Ct. 1574.

McCORD, Circuit Judge.

On the 26th day of April 1938, in the District Court of the United States at Huntsville, Alabama, Frank Roberts entered a plea of guilty to the offense of "Theft from interstate shipment of freight. * * *" The court thereupon sentenced the defendant to serve two years in a Federal penitentiary and to pay a fine of $250. This sentence was suspended and the defendant was placed...

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