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SOPER v. UNITED STATES

No. 14312.

220 F.2d 158 (1955)

Charlie SOPER and Jack Mease, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied May 10, 1955.

Attorney(s) appearing for the Case

Robert J. McNealy, Fairbanks, Alaska, for appellants.

Theodore F. Stevens, U. S. Atty., George M. Yeager, Philip Morgan, Asst. U. S. Attys., Fairbanks, Alaska, for appellee.

Before MATHEWS, HEALY and BONE, Circuit Judges.

MATHEWS, Circuit Judge.

On November 17, 1953, appellants, Charlie Soper and Jack Mease, were indicted in two counts. Count 1 alleged: "That [appellants], on the 4th day of October, 1953, in Fairbanks Precinct, Fourth Judicial Division, Territory of Alaska, then and there being, and being then and there armed with a dangerous weapon, to wit, a loaded automatic M-1 rifle, feloniously assaulted Sylvester Johnson at the residence of Mildred Young at 617-12th Avenue, in...

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