STRICKLAND v. UNITED STATES

No. 7890.

339 F.2d 866 (1965)

Quitman STRICKLAND, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

January 4, 1965.


Attorney(s) appearing for the Case

Jon Lee Prather and Rex K. Travis, Oklahoma City, Okl., 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 SETH, Circuit Judges.


SETH, Circuit Judge.

The appellant was convicted by a jury of an attempted escape from the United States Penitentiary at Leavenworth, Kansas, in violation of 18 U.S.C.A. § 751, and has taken this appeal.

Appellant urges that there was a failure on the part of the Government to prove one of the elements of the offense charged. He asserts that the elements of the crime are three; the first being that the accused was convicted, second that he was at the...

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