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McCLARD v. UNITED STATES

No. 18792.

386 F.2d 495 (1967)

John Phillips McCLARD, Carroll Franklin Simmons, and Verlon Hershel Ussery, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied January 8, 1968.

Attorney(s) appearing for the Case

Gladys M. Wied, of Milham & Wied, Benton, Ark., for appellants and filed brief. Appellants McClard and Ussery filed supplemental brief.

William F. Sherman, Asst. U. S. Atty., Little Rock, Ark., for appellee; W. H. McClellan, U. S. Atty. for Eastern Dist. of Arkansas, Little Rock, Ark., was with him on the brief.

Before BLACKMUN, GIBSON and LAY, Circuit Judges.

FLOYD R. GIBSON, Circuit Judge.

Appellants, John Phillips McClard, Carroll Franklin Simmons and Verlon Hershel Ussery, appeal from a conviction entered by the United States District Court for the Eastern District of Arkansas for violating Title 18 U.S.C. § 2113 by entering a bank, the deposits of which are insured by the Federal Deposit Insurance Corporation, at Ola, Arkansas, with intent to commit larceny. Judgment was based on a jury verdict of guilty to a...

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