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UNITED STATES v. GILL

No. 10747.

204 F.2d 740 (1953)

UNITED STATES v. GILL.

United States Court of Appeals Seventh Circuit.

Rehearing Denied June 17, 1953.

Attorney(s) appearing for the Case

Myer H. Gladstone and Robert W. Heinze, Chicago, Ill., for appellant.

Gilmore S. Haynie, Ft. Wayne, Ind. and James E. Keating, Asst. U. S. Atty., South Bend., J. Byron Hayes, Asst. U. S. Atty., Fort Wayne, Joseph J. Cella, Atty. Dept. of Justice, Washington, D. C., for appellee.

Before DUFFY, LINDLEY and SWAIM, Circuit Judges.

SWAIM, Circuit Judge.

The defendant, John Patrick Gill, was found guilty on each of the three counts of an indictment which charged him with (1) an assault on one Edna Whimsett with a dangerous weapon, a piece of a broken bottle, with intent to do bodily harm and without just cause or excuse; (2) assaulting her by striking, beating and wounding her; and (3) assaulting her with intent to commit the felony of sodomy. The indictment alleged that by committing these three...

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