FOUTS v. UNITED STATES

Nos. 13158, 13159.

253 F.2d 215 (1958)

Albert George FOUTS, Appellant, v. UNITED STATES of America, Appellee. Virgil SUMMERS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Sixth Circuit.

February 4, 1958.


Attorney(s) appearing for the Case

Robert C. Knee, Dayton, Ohio, for appellant Albert George Fouts.

Raymond A. White, Dayton, Ohio, for appellant Virgil Summers.

Jack H. Patricoff, Dayton, Ohio, on the brief, for appellants.

H. Donald Hawkins, Dayton, Ohio (Hugh K. Martin, U. S. Atty., Dayton, Ohio, on the brief), for the United States.

Before SIMONS, Chief Judge, and MARTIN and STEWART, Circuit Judges.


MARTIN, Circuit Judge.

A state warrant was issued on July 6, 1946, charging appellants, Fouts and Summers [and another person], with armed robbery. These defendants were arrested, arraigned and tried in the Common Pleas Court of Montgomery County, Ohio. The trial was begun August 14, 1946, and was terminated twelve days later [August 26, 1946] with a verdict of guilty as charged. On the day following their conviction and...

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