CLEMAS v. UNITED STATES

No. 19738.

423 F.2d 461 (1970)

Thomas Franklin CLEMAS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

March 19, 1970.


Attorney(s) appearing for the Case

Robert D. Hofer, of Stephens, Riter, Mayer & Hofer, Pierre, S. D., for appellant.

William F. Clayton, U. S. Atty., Sioux Falls, S. D., and John L. Augustine, Sp. Asst. U. S. Atty., for appellee.

Before VAN OOSTERHOUT, Chief Judge, and BLACKMUN and HEANEY, Circuit Judges.


BLACKMUN, Circuit Judge.

On May 6, 1966, Thomas Franklin Clemas was charged in a four-count indictment with violations of 18 U.S.C. § 2115 and § 641 in that, on or about December 23, 1965, he forcibly broke into buildings used as post offices at Lebanon and Tolstoy, South Dakota, respectively, with intent to commit larceny therein, and, in each instance, stole property of the United States consisting of cash and postage stamps of a value in excess of $100...

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