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UNITED STATES v. SCOTT

No. 17060.

413 F.2d 932 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. John J. SCOTT, Thomas R. Pearson and Comer Staples, Defendants-Appellants.

United States Court of Appeals Seventh Circuit.

Rehearing Denied September 10, 1969.

Attorney(s) appearing for the Case

Raymond J. Smith, Chicago, Ill., for defendants-appellants.

Thomas A. Foran, U. S. Atty., Lawrence T. Stanner, Asst. U. S. Atty., Chicago, Ill., for plaintiff-appellee. John Peter Lulinski, Michael B. Nash, Asst. U. S. Attys., of counsel.

Before KILEY, SWYGERT and KERNER, Circuit Judges.

KERNER, Circuit Judge.

Defendants were indicted for violating 18 U.S.C. § 1703: Count I charged defendant-appellant Scott; Count II charged defendants-appellants Scott and Pearson; and Count III charged defendants-appellants Scott, Pearson and Staples. The defendants were tried together before a jury and all were found guilty. From this verdict, all appeal.

The issues before this Court are whether or not joinder was proper under Rule 8(b) of F.R.Crim...

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