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McNEELY v. UNITED STATES

Nos. 18108, 18109.

353 F.2d 913 (1965)

Charles Earl McNEELY, Appellant, v. UNITED STATES of America, Appellee. Robert Eugene JOHNSON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

December 28, 1965.

Attorney(s) appearing for the Case

Norman S. London, St. Louis, Mo., for appellants.

Robert J. Koster, Asst. U. S. Atty., St. Louis, Mo., Richard D. FitzGibbon, Jr., U. S. Atty., St. Louis, Mo., for appellee.

Before VOGEL, Chief Judge, and BLACKMUN and GIBSON, Circuit Judges.

GIBSON, Circuit Judge.

These are appeals from the United States District Court for the Eastern District of Missouri in which appellants were jointly tried before a jury and convicted of violating Title 18, U.S.C.A. § 2115, burglary of a United States Post Office.

Sometime during the night of July 26 or early morning of July 27, 1964, a branch Post Office in Maplewood, Missouri, was forceably entered and an unsuccessful attempt was made to break into the...

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