UNITED STATES v. BARNARD

Nos. 5786-5789.

255 F.2d 583 (1958)

UNITED STATES of America, Appellant, v. William Lloyd BARNARD, John W. Dailey, Charles W. Humphrey, Donald Henry Smalligan, Peter John Smedes and Roy Henry Stout, Appellees. UNITED STATES of America, Appellant, v. John W. DAILEY, Robert E. Lukens, and James F. Bogue, Appellees. UNITED STATES of America, Appellant, v. William Lloyd BARNARD, Walton H. Morse, and Homer A. Kelley, Appellees. UNITED STATES of America, Appellant, v. Donald Henry SMALLIGAN, Peter John Smedes, and William Lloyd Barnard, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied May 23, 1958.


Attorney(s) appearing for the Case

Milton P. Beach, Asst. U. S. Atty., Kansas City, Kan. (William C. Farmer, U. S. Atty., Topeka, Kan., was with him on the brief), for appellant.

J. A. Dickinson, Topeka, Kan., and Patrick J. Warnick, Wichita, Kan. (David Prager, William W. Dimmitt, Jr., Sam A. Crow, Topeka, Kan., Donald C. Little, Kansas City, Kan., Alvin C. Randall, Edwin Earnshaw, Roscoe C. Van Valkenburgh, James E. Lockwood, Kansas City, Mo., Arn & Mullins, Wichita, Kan., and Joseph H. McDowell, Kansas City, Kan., were with them on the brief), for appellees.

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


BRATTON, Chief Judge.

These four criminal cases present for determination questions of law common to all of them and therefore the cases may be considered together.

In the first case, William Lloyd Barnard, John W. Dailey, Charles W. Humphrey, Donald Henry Smalligan, Peter John Smedes, and Roy Henry Stout were defendants; in the second case, John W. Dailey, Robert E. Lukens, and James F. Bogue were defendants; in the third case, William Lloyd Barnard, Walton...

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