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UNITED STATES v. MASON

Nos. 365-70, 366-70.

440 F.2d 1293 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Howard Evans MASON, Jr. and Jerry Michael Edwards, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied May 3, 1971.

Rehearing Denied May 26, 1971.

Attorney(s) appearing for the Case

Jeff M. Laird, Asst. U. S. Atty., W. D. of Okl., Oklahoma City (William Burkett, U. S. Atty., Oklahoma City, Okl., with him on the brief), for plaintiff-appellee.

Mac Oyler, Oklahoma City, Okl., for defendant-appellant Mason.

Gary M. Bush, Oklahoma City, Okl., for defendant-appellant Edwards.

Before PICKETT, BREITENSTEIN and SETH, Circuit Judges.

Rehearing Denied in No. 365-70 May 3, 1971.

Rehearing Denied in No. 366-70 May 26, 1971.

PICKETT, Circuit Judge.

Appellants Mason and Edwards were jointly charged in the United States District Court for the Western District of Oklahoma with entering a building used in part as a savings and loan association with intent to commit larceny therein in violation of 18 U.S.C. § 2113(a). The first trial resulted in a mistrial when one of the jurors became...

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