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SMITH v. UNITED STATES

Nos. 7721, 7722.

262 F.2d 50 (1958)

Ernest SMITH, Appellant, v. UNITED STATES of America, Appellee. Beatrice K. BROWN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fourth Circuit.

Decided December 16, 1958.

Attorney(s) appearing for the Case

L. W. Holt, Norfolk, Va., for appellants.

John M. Hollis, Asst. U. S. Atty., Norfolk, Va. (L. S. Parsons, Jr., U. S. Atty., Norfolk, Va., on brief), for appellee.

Before SOBELOFF, Chief Judge, HAYNSWORTH, Circuit Judge, and HARRY E. WATKINS, District Judge.

PER CURIAM.

The appellants were convicted in separate jury trials of forging and uttering government checks. The District Court denied a motion to appeal in forma pauperis, but leave was given by this Court to proceed in forma pauperis and the cases were heard here on their merits. Because a single issue is involved in each case, they were heard together.

The appellants are each Negroes. At their respective trials in June, 1958, at Norfolk, Virginia, counsel...

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