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UNITED STATES v. SMITH

No. 76-1262.

553 F.2d 1239 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Harry Eugene SMITH, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided April 28, 1977.

Attorney(s) appearing for the Case

John O. Martin, Asst. Federal Public Defender, Kansas City, Kan. (Leonard D. Munker, Federal Public Defender, Kansas City, Kan., with him on the brief), for defendant-appellant.

Richard L. Hathaway, Asst. U.S. Atty., Kansas City, Kan. (E. Edward Johnson, U.S. Atty., Topeka, Kan., with him on the brief), for plaintiff-appellee.

Before LEWIS, Chief Judge, and BREITENSTEIN and SETH, Circuit Judges.

LEWIS, Chief Judge.

Defendant Smith was charged in a one-count indictment with an "attempt to rob" the proprietress of Postal Contract Station No. 13 in Kansas City, Kansas, of money belonging to the United States in violation of 18 U.S.C. § 2114. Following a jury trial Smith was convicted upon a verdict of guilty and sentenced to a term of not more than eight years imprisonment. On appeal Smith challenges the sufficiency of the indictment and jury instructions...

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