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UNITED STATES v. KIMBROUGH

No. 75-1646.

528 F.2d 1242 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Stanley B. KIMBROUGH, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided January 23, 1976.

Attorney(s) appearing for the Case

Kenneth L. Cunniff, Chicago, Ill., for defendant-appellant.

Samuel K. Skinner, U.S. Atty., Daniel E. Reidy, Asst. U.S. Atty., Chicago, Ill., for plaintiff-appellee.

Before SPRECHER, TONE and BAUER, Circuit Judges.

BAUER, Circuit Judge.

Defendant-appellant Stanley Kimbrough was named in a one count indictment charging that he assaulted Annette Stewart, who was a United States Postal Carrier, with the intent to steal the mail in violation of 18 U.S.C. § 2114.1 Following a three day trial the jury returned a verdict of guilty and Kimbrough was sentenced under 18 U.S.C. § 4208.

The evidence presented at trial, taken in the light most...

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