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BARNARD v. UNITED STATES

No. 17746.

342 F.2d 309 (1965)

George James BARNARD and Philip Weinstein et al., Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied April 20, 1965.

Attorney(s) appearing for the Case

Dwight L. Schwab, Denton G. Burdick, Jr., Hutchinson, Schwab & Burdick, Portland, Or., for appellant Philip Weinstein.

Alan R. Jack, Oregon City, Or., Peter A. Schwabe, Jr., Portland, Or., for appellants George James Barnard, John Norris Barnard, William Mack Lasiter and Raymond Knippel.

Sidney I. Lezak, Acting U. S. Atty., Portland, Or., A. Lawrence Burbank, Sp. Asst. to the U. S. Atty., Dist. of Or., San Francisco, Cal., for appellee.

Before JERTBERG, Circuit Judge, MADDEN, Judge, Court of Claims, and DUNIWAY, Circuit Judge.

DUNIWAY, Circuit Judge:

These five appeals are from judgments of conviction rendered against the appellants after a jury trial upon an indictment for violation of Title 18, U.S.C. § 1341 (mail fraud) and Title 18, U.S.C. § 371 (conspiracy).

The indictment alleged that the defendants had planned and carried out certain automobile collisions, in each of which an automobile, which we may call the weapon car, would be intentionally crashed into the rear...

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