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GORNICK v. UNITED STATES

No. 7301.

320 F.2d 325 (1963)

James GORNICK, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

July 15, 1963.

Attorney(s) appearing for the Case

David L. Wood, Fort Collins, Colo., for appellant.

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

Before BREITENSTEIN, HILL and SETH, Circuit Judges.

SETH, Circuit Judge.

The appellant was indicted upon two counts, the first count for an escape from the Honor Farm of the United States Penitentiary at Leavenworth, Kansas, in violation of 18 U.S.C. § 751, and the second count for assaulting with a deadly weapon a federal employee while in the performance of his official duties, in violation of 18 U.S.C. § 111. Appellant moved for separate trials on each of the two counts of the indictment and the motion...

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