EBELING v. UNITED STATES

No. 15582.

248 F.2d 429 (1957)

Joseph Mary EBELING and Charles G. Emerling, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied October 3, 1957.

Writ of Certiorari Denied December 16, 1957.


Attorney(s) appearing for the Case

Michael J. Ebeling, St. Louis, Mo., for appellant Joseph Mary Ebeling.

Ted A. Bollinger, Jr., St. Louis, Mo., for appellant Charles G. Emerling.

Forrest Boecker, Asst. U. S. Atty., St. Louis, Mo. (Harry Richards, U. S. Atty., St. Louis, Mo., on the brief), for appellee.

Before JOHNSEN, VOGEL and VAN OOSTERHOUT, Circuit Judges.


Writ of Certiorari Denied December 16, 1957. See 78 S.Ct. 334.

JOHNSEN, Circuit Judge.

Ebeling and Emerling, the appellants here, were jointly charged, in an indictment of 9 counts, with 8 violations of 18 U.S.C.A. § 1001 and a violation of the conspiracy statute, 18 U.S.C.A. § 371. The indictment ran against them alone. On a trial to a jury, each was convicted on all 9 counts.

Section 1001, in its here material portion, makes guilty of a...

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