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UNITED STATES v. CLAY

No. 73-1090.

495 F.2d 700 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Edwin CLAY and Arthur John Sweeney, Jr., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided March 1, 1974.

Attorney(s) appearing for the Case

William J. Stevens, Chicago, Ill., for defendants-appellants.

James R. Thompson, U. S. Atty., William T. Huyck, Mary L. Sfasciotti, Asst. U. S. Attys., Chicago, Ill., for plaintiff-appellee.

Before SWYGERT, Chief Judge, CASTLE, Senior Circuit Judge, and SPRECHER, Circuit Judge.

CASTLE, Senior Circuit Judge.

Defendants Edwin Clay and Arthur John Sweeney, Jr., appeal their jury convictions for conspiring to attempt to enter and attempting to enter a savings and loan association. On appeal, the men contend that the police lacked probable cause to arrest them, that evidence regarding prior criminal conduct was erroneously admitted, and that the court's instruction improperly failed to distinguish between "mere preparation" and "attempt." Clay...

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