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YELVINGTON v. UNITED STATES

No. 3972.

178 F.2d 915 (1949)

YELVINGTON v. UNITED STATES.

United States Court of Appeals Tenth Circuit.

December 22, 1949.

Attorney(s) appearing for the Case

Oliver H. Hughes, Wichita, Kan., filed a brief for appellant.

Robert E. Shelton, U. S. Atty., and Haskell B. Pugh, Asst. U. S. Atty., Oklahoma City, Okl. filed a brief for the United States.

Before PHILLIPS, Chief Judge, and BRATTON and MURRAH, Circuit Judges.

PHILLIPS, Chief Judge.

Yelvington filed a motion under 28 U.S. C.A. § 2255 to correct a judgment and commitment.

An indictment was returned against Yelvington and five others. It contained eight counts. Counts 1, and 3 to 7, inclusive, charged violations of 18 U.S.C.A. § 408 [now §§ 2311-2313], and the eighth count charged a violation of 18 U.S.C.A. § 88 [now § 371].1 He was convicted on counts 1,...

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