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UNITED STATES v. MILBY

No. 18176.

400 F.2d 702 (1968)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph Leroy MILBY and Andy K. McClellan, Defendants-Appellants.

United States Court of Appeals Sixth Circuit.

September 25, 1968.

Attorney(s) appearing for the Case

Terrence R. Fitzgerald, Louisville, Ky., for Joseph Leroy Milby.

Jack M. Lowery, Jr., Louisville, Ky., for Andy K. McClellan.

John L. Smith, Asst. U. S. Atty., Louisville, Ky., for appellee; Ernest W. Rivers, U. S. Atty., Louisville, Ky., on brief.

Before O'SULLIVAN, McCREE and COMBS, Circuit Judges.

O'SULLIVAN, Circuit Judge.

Joseph Leroy Milby and Andy K. McClellan appeal from judgments convicting them, upon jury trial, of "assault with intent to commit a felony, that is, sodomy" upon a named person (Count I of the involved indictment) and the taking of a wrist watch from said person "by force, violence and intimidation" (Count II of the indictment), in violation of 18 U.S.C. §§ 113(b) and 2111, respectively.1

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