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UNITED STATES v. MALLORY

Nos. 71-1463, 71-1464.

460 F.2d 243 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Delores MALLORY and Calvin Eugene Watson, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied June 6, 1972.

Attorney(s) appearing for the Case

Adrian M. Farver, Asst. U. S. Atty., Topeka, Kan. (Robert J. Roth, U. S. Atty., Topeka, Kan., on the brief), for appellee.

John C. Humpage, Topeka, Kan., for appellant Mallory.

Wayne T. Stratton, Topeka, Kan., for appellant Watson.

Before LEWIS, Chief Judge, and HOLLOWAY and BARRETT, Circuit Judges.

Rehearing Denied in No. 71-1463 June 6, 1972.

BARRETT, Circuit Judge.

Delores Mallory and Calvin Watson were tried jointly and convicted of robbing the Garden Bank Facility of the Fidelity State Bank and Trust Company in Topeka, Kansas, by force and violence. 18 U.S.C. §§ 2113(a), (d), 2.1 They were each sentenced to ten years imprisonment.

The Garden Bank Facility of the Fidelity State Bank and Trust Company...

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