UNITED STATES v. BEVERLEY

No. 24022.

416 F.2d 263 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. Edward Wayne BEVERLEY, Defendant-Appellant.

United States Court of Appeals Ninth Circuit.

September 15, 1969.


Attorney(s) appearing for the Case

Robert H. Moore (argued), Reno, Nev., for appellant.

Robert S. Linnell, Las Vegas, Nev. (argued), Julien G. Sourwine, Asst. U. S. Atty., Reno, Nev., for appellee.

Before HAMLEY and MERRILL, Circuit Judges, and POWELL, District Judge.


MERRILL, Circuit Judge:

Appellant, following jury trial, was convicted of aggravated mail robbery committed at the Steamboat, Nevada, Post Office, in violation of 18 U.S.C. § 2114.1 He was given the mandatory 25 year sentence and has taken this appeal.

The indictment charged that appellant "put in jeopardy the lives of the [mail custodians] by the use of a dangerous weapon, to-wit, a loaded .357 Magnum Derringer-style pistol...

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