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CALHOUN v. UNITED STATES

No. 12387.

172 F.2d 457 (1949)

CALHOUN et al. v. UNITED STATES.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 15, 1949.

Attorney(s) appearing for the Case

Wm. H. Fryer, of El Paso, Tex., and R. B. Rawlins, of Monahans, Tex., for appellants.

Henry W. Moursund, U. S. Atty., of San Antonio, Tex., and Holvey Williams and Frank H. Hunter, Asst. U. S. Attys., both of El Paso, Tex., for appellee.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.

HOLMES, Circuit Judge.

The appellants were charged by indictment, in the first count, with having broken into the post office at Monahans, Texas, with the intent on the part of each of them to commit larceny therein, and, in the second count, at the same time and place, with having stolen and purloined money and property of the United States. All three of the appellants were seen by the chief of police on the night of February 18, 1948; they were driving around the...

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