BUTLER v. UNITED STATES

No. 10171.

408 F.2d 1103 (1969)

Jimmie Harold BUTLER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

April 4, 1969.


Attorney(s) appearing for the Case

Hardy Summers, of Fite, Robinson & Summers, Muskogee, Okl., for appellant.

William J. Settle, Asst. U. S. Atty. (Bruce Green, U. S. Atty., with him on the brief), for appellee.

Before MURRAH, Chief Judge, SETH, Circuit Judge, and CHRISTENSEN, District Judge.


PER CURIAM.

Appellant was convicted of breaking into a United States Post Office with the intent to commit larceny in violation of 18 U.S.C. § 2112, and was sentenced to three years' imprisonment. Appellant's accomplices were also charged for the same offense, but the appellant upon his motion for severance was tried separately.

The appellant's defense was one of alibi, and six witnesses testified to seeing the appellant the night of the crime at another...

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