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TINKLE v. UNITED STATES

Nos. 15880, 15881.

254 F.2d 23 (1958)

Thomas Gordon TINKLE, Jr., Appellant, v. UNITED STATES of America, Appellee. William Moore PEGRAM, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

April 10, 1958.

Attorney(s) appearing for the Case

James Lawyer, Des Moines, Iowa, for appellants.

John C. Stevens, Asst. U. S. Atty., Des Moines, Iowa (Roy L. Stephenson, U. S. Atty., Des Moines, Iowa, and Robert J. Spayde, Asst. U. S. Atty., Oskaloosa, Iowa, were with him on the brief), for appellee.

Before GARDNER, Chief Judge, and VOGEL and VAN OOSTERHOUT, Circuit Judges.

VOGEL, Circuit Judge.

A grand jury for the Southern District of Iowa returned an indictment in four counts, charging in Count 1 that the appellants, Thomas Gordon Tinkle, Jr., and William Moore Pegram, entered the Shannon City Office of the First State Bank of Diagonal, Iowa, with intent to commit a felony, in violation of § 2113 (a), 18 U.S.C.A. Count 2 charged the same appellants with having taken and carried away certain property, of value in excess of $100...

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