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GRULKEY v. UNITED STATES

No. 19064.

394 F.2d 244 (1968)

Kenneth Gene GRULKEY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

May 9, 1968.

Attorney(s) appearing for the Case

Robert W. Matias, Cedar Rapids, Iowa, for appellant.

Gene R. Krekel, Asst. U. S. Atty., Sioux City, Iowa, for appellee; Steve Turner, Asst. U. S. Atty., was on the brief.

Before MEHAFFY, GIBSON and HEANEY, Circuit Judges.

MEHAFFY, Circuit Judge.

Kenneth Gene Grulkey, appellant-defendant, was tried to a jury and convicted under a one-count indictment charging him with violation of 18 U.S.C. § 876, by knowingly depositing in the United States mail a letter addressed to his estranged wife, Loretta Grulkey, threatening to kill her with a shotgun.1

Defendant admitted from the witness stand that he mailed the letter in question and, consequently...

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