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McDONNELL v. UNITED STATES

No. 72-1434.

472 F.2d 1153 (1973)

Robert Owen McDONNELL, Appellant, v. UNITED STATES of America, Appellee.

United States Circuit Court, Eighth Circuit.

Decided February 5, 1973.

Attorney(s) appearing for the Case

Charles Thompson, Pierre, S. D., for appellant.

David R. Gienapp, Asst. U. S. Atty., Sioux Falls, S. D., for appellee.

Before MEHAFFY, BRIGHT and STEPHENSON, Circuit Judges.

STEPHENSON, Circuit Judge.

The defendant, Robert Owen McDonnell, was convicted of breaking and entering the Farmers State Bank of Mellette, South Dakota, with intent to commit larceny in violation of 18 U.S.C. § 2113(a). This Court reversed and remanded a previous conviction of the defendant on the same charge. McDonnell v. United States, 455 F.2d 91 (CA8 1972).

The Farmers State Bank of Mellette was burglarized on May...

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