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UNITED STATES v. JOHNSON

Nos. 16869-16871.

426 F.2d 1112 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. J. W. JOHNSON, Adolphus Foston and Harry Johnson, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

May 6, 1970.

Attorney(s) appearing for the Case

John J. Cleary, Chicago, Ill., for J. W. Johnson.

Stanley A. Bass, Chicago, Ill., for Foston.

Wendell P. Marbly, Thad B. Eubanks, Chicago, Ill., for Harry Johnson.

Thomas A. Foran, U. S. Atty., Chicago, Ill., for plaintiff-appellee; John Peter Lulinski, Richard A. Makarski, Asst. U. S. Attys., of counsel.

Before CASTLE, Senior Circuit Judge, and KILEY and KERNER, Circuit Judges.

KILEY, Circuit Judge.

This is a consolidated appeal brought by the three appellants, J. W. Johnson, Adolphus Foston and Harry Johnson, from their conviction, in a joint trial, for conspiring to commit a burglary at the Veterans Administration Hospital in Downey, Illinois, and also of the substantive offense of burglary.1 We affirm.

Harry Johnson was employed at the hospital when on August 8, 1966, pursuant to a plan to take the...

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