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SMITH v. UNITED STATES

No. 7173.

312 F.2d 119 (1963)

Bernard Young SMITH, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

January 25, 1963.

Attorney(s) appearing for the Case

James E. Carpenter, Denver, Colo. (Bernard Young Smith filed a brief pro se), for appellant.

Benjamin E. Franklin, Asst. U. S. Atty., Topeka, Kan. (Newell A. George, U. S. Atty., Topeka, Kan., with him on the brief), for appellee.

Before MURRAH, Chief Judge, and PICKETT and LEWIS, Circuit Judges.

PICKETT, Circuit Judge.

On July 28, 1954, the appellant, Smith, pleaded guilty to a five-count indictment, and was sentenced on each count to serve consecutive sentences. Counts two and three grew out of an occasion on which Smith was alleged to have broken and entered a United States Post Office with intent to steal property of the United States. The indictment, in separate counts, charged the offense of breaking and entering the post office with intent to commit...

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