UNITED STATES v. GARDNER

No. 14720.

347 F.2d 405 (1965)

UNITED STATES of America, Plaintiff-Appellee, v. Gerald Wayne GARDNER, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied July 9, 1965.


Attorney(s) appearing for the Case

John J. Cleary, Chicago, Ill., Gerald Wayne Gardner, for appellant.

Carl W. Feickert, U. S. Atty., Walter D. Williams, Asst. U. S. Atty., East St. Louis, Ill., for appellee.

Before HASTINGS, Chief Judge, and DUFFY and KNOCH, Circuit Judges.


HASTINGS, Chief Judge.

Defendant Gerald Wayne Gardner was indicted in three counts on January 7, 1964, together with Billy Gene Odam and Ted Allen Starnes. Count I of the indictment charged defendant with a violation of 18 U.S.C.A. § 2113(a) (entering a bank with the intention of committing a felony). Count II charged a violation of 18 U.S.C.A. § 2113(d) (entering a bank with the intention of committing a felony and putting in jeopardy the life of a customer...

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