SULLIVAN v. UNITED STATES

No. 13050.

149 F.2d 753 (1945)

SULLIVAN v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

June 15, 1945.


Attorney(s) appearing for the Case

Frank H. Sullivan, pro se.

Matthew A. Brown, Asst. U. S. Atty., of Chamberlain, S. D. (George Philip, U. S. Atty., and Leo P. Flynn, Asst. U. S. Atty., both of Sioux Falls, S. D., on the brief), for appellee.

Before SANBORN, WOODROUGH, and THOMAS, Circuit Judges.


SANBORN, Circuit Judge.

The sole question for decision in this case is whether the sentence imposed upon the appellant under the second count of an indictment was excessive. The appellant on March 20 1940, was indicted for two offenses: burglary of the post office at Thunder Hawk, South Dakota, on November 18, 1939, under one count: and theft of government property at the same time and place, under a second count. An endorsement upon the indictment showed that count...

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