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UNITED STATES v. DANIELS

No. 75-1693.

528 F.2d 705 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Freddie Eugene DANIELS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided February 3, 1976.

Attorney(s) appearing for the Case

Richard F. Swope, Thompson, Swope, Burns & Biswas, Reynoldsburg, Ohio, for defendant-appellant.

William W. Milligan, U.S. Atty., Albert R. Ritcher, Thomas Thompson, Columbus, Ohio, for plaintiff-appellee.

Before PECK, McCREE and LIVELY, Circuit Judges.

LIVELY, Circuit Judge.

The defendant was charged in two separate counts of an indictment with violating 18 U.S.C. § 2113(a) and (d). In count one he was charged with entering a federally insured bank with intent to take money "by force and violence and by intimidation." Count two charged Daniels with the actual taking of money from a teller in the bank "by force and violence and by intimidation," and with assaulting...

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