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UNITED STATES v. MACHIBRODA

No. 15636.

338 F.2d 947 (1964)

UNITED STATES of America, Plaintiff-Appellee, v. John MACHIBRODA, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

November 20, 1964.

Attorney(s) appearing for the Case

Thomas C. Foster, Cincinnati, Ohio, for appellant.

John G. Mattimoe, Asst. U. S. Atty., Toledo, Ohio, and Merle M. McCurdy, U. S. Atty., Toledo, Ohio, on the brief, for appellee.

Before MILLER, O'SULLIVAN and EDWARDS, Circuit Judges.

PER CURIAM.

Prince v. United States, 352 U.S. 322, 77 S.Ct. 403, 1 L.Ed.2d 370 (1957) is directly in point and determines decision in the above-styled appeal. In Prince, the United States Supreme Court held that the first of two counts of the federal bank robbery statute (Title 18, U.S.C. § 2113(a)1 — entering a bank with intent to steal) was included in and was merged into the second (Title...

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