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JOHNSTON v. UNITED STATES

No. 7647.

331 F.2d 997 (1964)

William Reese JOHNSTON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

May 22, 1964.

Attorney(s) appearing for the Case

Arthur Harold Downey, Denver, Colo. (Monte B. Roberts, Jr., Denver, Colo., on the brief), for appellant.

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

Before BREITENSTEIN, HILL and SETH, Circuit Judges.

PER CURIAM.

Appellant filed a motion with the District Court for the District of Kansas under Rule 35 of the Federal Rules of Criminal Procedure and under § 2255 of Title 28 U.S.C. Under his motion appellant urges that the evidence at the trial was insufficient to prove all of the elements of the offenses charged; that the instructions given by the court were not given separately on each of the two indictments which had been consolidated for trial; and that the...

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