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JOHNSON v. UNITED STATES

No. 6149.

269 F.2d 72 (1959)

Lyle Richard JOHNSON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

July 21, 1959.

Attorney(s) appearing for the Case

Joseph P. Jenkins, Kansas City, Kan. (Cohen, Schnider, Shamberg & Jenkins, Kansas City, Kan., on the brief), for appellant.

E. Edward Johnson, Asst. U. S. Atty., Topeka, Kan. (Wilbur G. Leonard, U. S. Atty., Topeka, Kan., and Milton P. Beach, Asst. U. S. Atty., Kansas City, Kan., on the brief), for appellee.

Before BRATTON, Chief Judge, and PHILLIPS and LEWIS, Circuit Judges.

BRATTON, Chief Judge.

The indictment in this case charged that William Reece Johnston, Lyle Richard Johnson, and Fred Charles Riley robbed Twin City State Bank of Kansas City, Kansas, a member of and insured by Federal Deposit Insurance Corporation. The defendant Lyle Richard Johnson was granted a separate trial; was convicted; was sentenced to imprisonment for a term of seven years; and he appealed.

Complaint is made that during the trial the court refused...

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