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TOLES v. UNITED STATES

No. 17682.

308 F.2d 590 (1962)

Alfred Earl TOLES, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied November 13, 1962.

Attorney(s) appearing for the Case

Morris Lavine, Los Angeles, Cal., for appellant.

Francis C. Whelan, U. S. Atty., Thomas R. Sheridan, Asst. U. S. Atty., Chief, Criminal Division, Edward M. Medvene, Asst. U. S. Atty., and Jo Ann Dunne, Atty., Los Angeles, Cal., for appellee.

Before CHAMBERS, Chief Judge, JERTBERG, Circuit Judge, and EAST, District Judge.

EAST, District Judge.

INDICTMENT AND JUDGMENT OF CONVICTIONS

In December, 1960, Alfred Earl Toles, John Preston Goldsmith, Herbert Lee Tate, Charles Shelton Bruce and John Henry Rainey were jointly indicted and charged in Count I with conspiracy1 to rob a national bank in Los Angeles and in Count II with robbery of the national bank with use of dangerous weapons.2

On January 9, 1961, Goldsmith...

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