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RUSSELL v. UNITED STATES

No. 16990.

288 F.2d 520 (1961)

Ples Elworth RUSSELL, and Roy Russell, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

March 25, 1961.

Attorney(s) appearing for the Case

Daniel G. Marshall, Los Angeles, Cal., for appellants.

Laughlin E. Waters, U. S. Atty., Robert John Jensen, and William Bryan Osborne, Asst. U. S. Attys., Los Angeles, Cal., for appellee.

Before CHAMBERS, BARNES and JERTBERG, Circuit Judges.

BARNES, Circuit Judge.

Appellants were two of twelve defendants indicted by a fifteen count indictment, charging all twelve defendants with violating 18 U.S.C. § 659, stealing from interstate shipments of freight and express.1 Appellant Ples Elworth Russell was charged in Counts 12 and 15; appellant Roy Russell was charged in Count 15.

Upon arraignment Ples Russell entered a plea of not guilty to Counts 12 and 15; Roy Russell...

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