PHILLIPS, Circuit Judge.
An indictment containing three counts was returned against Barnhart in the United States District Court for the Western District of Oklahoma. Counts 1 and 2 of the indictment charged theft of goods moving as, or which were, a part of an interstate shipment of freight or express in violation of 18 U.S.C.A. § 659. The third count charged a conspiracy to violate 18 U.S.C.A. § 659.
On October 18, 1957, Barnhart appeared in open...
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