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UNITED STATES v. KWITEK

No. 17934.

433 F.2d 18 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. John Phillip KWITEK, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

October 26, 1970.

Attorney(s) appearing for the Case

David J. Hase, Milwaukee, Wis., for defendant-appellant; Grootemaat, Cook & Franke, Milwaukee, Wis., of counsel.

David J. Cannon, U. S. Atty., Joseph Peter Stadtmueller, Asst. U. S. Atty., Milwaukee, Wis., for plaintiff-appellee.

Before HASTINGS, Senior Circuit Judge, and FAIRCHILD and CUMMINGS, Circuit Judges.

CUMMINGS, Circuit Judge.

This appeal is from a judgment of conviction for the July 26, 1967, armed robbery of the Bank of Greenfield in Greenfield, Wisconsin, in violation of 18 U.S.C. § 2113(d).1 This case has already had a checkered career.

In October 1967, defendant and others were indicted for this offense, and defendant entered a plea of not guilty. While awaiting trial, he escaped from the Ozaukee County Jail in Port...

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