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GOLUBIN v. UNITED STATES

No. 9495.

393 F.2d 590 (1968)

Robert N. GOLUBIN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

April 22, 1968.

Attorney(s) appearing for the Case

F. Lee Bailey, Boston, Mass., for appellant.

John Quinn, U. S. Atty. (John A. Babington, Asst. U. S. Atty., was with him on the brief), for appellee.

Before MURRAH, Chief Judge, MARVIN JONES, Judge, Court of Claims, and BREITENSTEIN, Circuit Judge.

BREITENSTEIN, Circuit Judge.

Appellant-defendant Golubin and two others, Walker and Allen, were charged in a 26-count indictment with the use of the mails to defraud in violation of 18 U.S.C. § 1341. The case was first tried to a jury which failed to agree and was discharged. The court thereafter entered a judgment of acquittal as to Allen. The government later dismissed the charges against Walker. Golubin waived a jury, and on trial to the court was convicted...

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