MARTIN v. UNITED STATES

No. 5501.

241 F.2d 693 (1957)

Herbert William MARTIN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

February 7, 1957.


Attorney(s) appearing for the Case

Jack R. Viders, Denver, Colo., for appellant.

Kenneth M. Nohe, Asst. U. S. Atty., Wichita, Kan. (William C. Farmer, U. S. Atty., Topeka, Kan., was with him on the brief), for appellee.

Before BRATTON, Chief Judge, and HUXMAN and MURRAH, Circuit Judges.


HUXMAN, Circuit Judge.

Appellant Herbert William Martin was convicted of violating 18 U.S.C.A. §§ 371 and 2114. He has appealed from the trial court's denial of his motion under 28 U.S.C.A. § 2255 to vacate the sentences imposed.

Only counts one and two of the three count indictment need be noted. Count one charged him with assaulting Mrs. Eva E. Polson with intent to rob and steal mail matter and monies belonging to the United States in her...

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