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CARTER v. UNITED STATES

No. 3642.

168 F.2d 310 (1948)

CARTER v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

July 14, 1948.

Attorney(s) appearing for the Case

Frank Carter, pro se.

Eugene Davis, of Topeka, Kan. (Randolph Carpenter, U. S. Atty., and Lester Luther, Asst. U. S. Atty., both of Topeka, Kan., on the brief), for appellee.

Before BRATTON, HUXMAN, and MURRAH, Circuit Judges.

MURRAH, Circuit Judge.

An indictment, patterned after the form suggested in the New Federal Rules of Criminal Procedure, Appendix of Forms, form 2, 18 U.S.C.A. following Section 687, was duly returned in the United States District Court for the District of Kansas, charging that the appellant Frank Carter "with premeditation stabbed and murdered Fernando Cervantes". Upon the the advice of court appointed counsel and with permission of the court, he entered a plea of...

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