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BIRTCH v. UNITED STATES

No. 5658.

164 F.2d 880 (1947)

BIRTCH et al. v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

December 5, 1947.

Attorney(s) appearing for the Case

James C. Birtch, pro se (Wm. A. Denham, pro se, on the brief).

Wayne T. Brooks, Asst. U. S. Atty., of Wheeling, W. Va. (C. Lee Spillers, U. S. Atty., of Wheeling, W. Va., on the brief), for appellee.

Before PARKER and DOBIE, Circuit Judges, and CHESNUT, District Judge.

PER CURIAM.

Appellants Birtch and Denham were indicted in the court below under two indictments, found under 18 U.S.C.A. §§ 415 and 418a, one charging violation of the National Stolen Property Act, and the other conspiracy to violate that act. After trial had been commenced under the indictment charging the substantive offense, they withdrew their pleas of not guilty in both cases, and, upon entering pleas of guilty, were given sentences of ten years in...

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