PRINCE v. UNITED STATES

No. 15755.

230 F.2d 568 (1956)

Ollie Otto PRINCE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

February 29, 1956.


Attorney(s) appearing for the Case

Joseph P. Jenkins, Kansas City, Kan., for appellant.

Harman Parrott, Asst. U. S. Atty., San Antonio, Tex., Lonny F. Zwiener, Asst. U. S. Atty., Austin, Tex., Russell B. Wine, U. S. Atty., San Antonio, Tex., for appellee.

Before BORAH, TUTTLE and JONES, Circuit Judges.


TUTTLE, Circuit Judge.

In this appeal from the overruling of his motion for a reduction of sentence,1 the appellant raises here again the question of merger among the various subsections of 18 U.S.C.A. § 2113, sometimes referred to as the Bank Robbery Act. In 1949 he was convicted under both counts of a two-count indictment of (1) entering a bank insured by the Federal Deposit Insurance Corporation with intent to commit a felony therein...

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