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AZURE v. UNITED STATES

Nos. 15689-15691.

248 F.2d 335 (1957)

Henry Joseph AZURE, Appellant, v. UNITED STATES of America, Appellee. Francis B. ZAHN, Jr., Appellant, v. UNITED STATES of America, Appellee. Robert COTTONWOOD, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

October 16, 1957.

Attorney(s) appearing for the Case

J. K. Murray, Bismarck, N. D., for appellants.

Ralph B. Maxwell, Asst. U. S. Atty., Fargo, N. D. (Robert Vogel, U. S. Atty., Fargo, N. D., was with him on the brief), for appellee.

Before GARDNER, Chief Judge, and JOHNSEN and VOGEL, Circuit Judges.

GARDNER, Chief Judge.

Appellants Henry Joseph Azure, Francis B. Zahn, Jr. and Robert Cottonwood were indicted with one Barney Crow Necklace for the crime of burglary. Before trial Barney Crow Necklace pleaded guilty to the charge and was sentenced, later becoming a witness for the government.

The indictment charged:

"That on or about the 21st day of May, 1955, within the Indian country, in the County of Sioux, State of North Dakota, within the boundaries...

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