CLEAVER v. UNITED STATES

Nos. 5404-5408.

238 F.2d 766 (1956)

David Randolph CLEAVER, Appellant, v. UNITED STATES of America, Appellee. Louis Jess CITO, Appellant, v. UNITED STATES of America, Appellee. Billy Leonard SKOOG, Appellant, v. UNITED STATES of America, Appellee. Ernest Henry COLOSACCO, Appellant, v. UNITED STATES of America, Appellee. Lucille MOYA, alias Lucille Moya Sanders, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

November 8, 1956.


Attorney(s) appearing for the Case

Joseph N. Lilly, Denver, Colo., for appellant David Randolph Cleaver.

Francis P. O'Neill, Denver, Colo., for appellants Louis Jess Cito, Billy Skoog, Lucille Moya, alias Lucille Moya Sanders, and Ernest Henry Colosacco.

Donald E. Kelley, Denver, Colo., U. S. Atty., for the Dist. of Colorado (Robert Swanson, Asst. U. S. Atty., for the Dist. of Colorado, Denver, Colo., was with him on the brief), for appellee.

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


LEWIS, Circuit Judge.

On the night of September 18-19, 1955, between the hours of 10:15 P.M. and 7:15 A.M. the Iliff Drug Store, a contract post office in Denver, Colorado, was forcibly entered and a safe containing postage stamps and postal equipment, cash, and 380 United States postal money orders was removed. On September 20, the safe was discovered in a creek under a bridge in the Denver vicinity. Nearby, investigators retrieved a pick, sledge hammer, big screwdriver...

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