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UNITED STATES v. EAGLESTON

Nos. 114, 115-69.

417 F.2d 11 (1969)

UNITED STATES of America, Appellee, v. Marvin Allen EAGLESTON, Appellant. UNITED STATES of America, Appellee, v. Bobby Joe FAUBIAN, Appellant.

United States Court of Appeals Tenth Circuit.

October 17, 1969.

Attorney(s) appearing for the Case

Don E. Gasaway, Tulsa, Okl., for appellant Eagleston.

Richard D. Lamm, Denver, Colo., for appellant Faubian.

Lawrence A. McSoud, U. S. Atty., Tulsa, Okl. (Robert P. Santee, Asst. U. S. Atty., Tulsa, Okl., with him on brief), for appellee.

Before MURRAH, Chief Judge, and PICKETT and HICKEY, Circuit Judges.

HICKEY, Circuit Judge.

Appellants Faubian and Eagleston were charged in counts two and three of an indictment with violations of 18 U.S. C. §§ 2312 and 2314. Eagleston was individually charged in count one with a violation of 18 U.S.C. § 2312. Both were jointly tried and convicted by a jury. The trial court denied motions for a new trial and sentenced each defendant. This is a direct appeal from the conviction.

Five synonymous issues are raised...

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