UNITED STATES v. SMITH

Nos. 71-1592, 71-1609.

464 F.2d 221 (1972)

UNITED STATES of America, Appellee, v. Donald Lee SMITH, Appellant. UNITED STATES of America, Appellee, v. James Lloyd McBRIDE, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 11, 1972.


Attorney(s) appearing for the Case

James M. Martin, St. Louis, Mo., for appellants.

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

Before MATTHES, Chief Judge, and HEANEY and STEPHENSON, Circuit Judges.


HEANEY, Circuit Judge.

Defendants Smith and McBride were jointly tried and convicted of entering a federally insured institution with intent to commit larceny. The evidence showed that they burglarized the Cass Federal Savings & Loan Association in St. Louis, Missouri.

The government produced only two witnesses: Arthur Shelton, a co-participant in the burglary, and Thomas M. Urban, an officer of the savings and...

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