UNITED STATES v. EVANS

Nos. 71-1275, 71-1276.

454 F.2d 813 (1972)

UNITED STATES, Appellee, v. Gene Earl EVANS, Appellant. UNITED STATES, Appellee, v. Carl David EVANS, Appellant.

United States Court of Appeals, Eighth Circuit.

Rehearing and Rehearing Denied February 11, 1972.


Attorney(s) appearing for the Case

William I. Rutherford, St. Louis, Mo., for Gene Earl Evans.

Irvin Dagen, St. Louis, Mo., for Carl David Evans.

William C. Martin, Asst. U. S. Atty., Daniel Bartlett, Jr., U. S. Atty., St. Louis, Mo., for appellee.

Before MATTHES and LAY, Circuit Judges, and HUNTER, District Judge.


Rehearing and Rehearing En Banc Denied February 11, 1972.

ELMO B. HUNTER, District Judge.

On this appeal by appellants, Gene Earl Evans and Carl David Evans, from their conviction and sentence in the United States District Court for the Eastern District of Missouri for post office burglary, two primary questions are presented for our review. One is whether the trial court erred in not suppressing the testimony of certain witnesses and items under the "fruit...

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