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CONNELLY v. UNITED STATES

No. 16213.

271 F.2d 333 (1959)

Matthew J. CONNELLY and T. Lamar Caudle, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearings Denied December 14, 1959.

Attorney(s) appearing for the Case

John H. Lashly, St. Louis, Mo., and Alan Y. Cole, Washington, D. C. (Jacob M. Lashly, Paul B. Rava, and Lashly, Lashly & Miller, St. Louis, Mo., on the brief), for appellant Matthew J. Connelly.

T. L. Caudle, Jr. (Walter M. Haynes, Winchester, Ky., C. Arthur Anderson, St. Louis, Mo., and John J. Hooker, Nashville, Tenn., on the brief), for appellant T. Lamar Caudle.

Oliver Dibble, Attorney, Department of Justice, Washington, D. C. (Malcolm R. Wilkey, Asst. Atty. Gen., and Donald C. Bush, Attorney, Department of Justice), Pittsburgh, Pa., for appellee.

Before GARDNER, VOGEL, and VAN OOSTERHOUT, Circuit Judges.

GARDNER, Circuit Judge.

Appellants, with one Harry I. Schwimmer, were indicted for conspiracy to defraud the United States of the proper administration of Internal Revenue Laws and regulations and of the proper and faithful service of appellants, in violation of Section 371, Title 18 United States Code. We shall refer to appellants as defendants.

In the course of the trial Harry I. Schwimmer, who had been indicted with defendants, suffered a heart attack,...

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