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UNITED STATES v. SCHWANKE

Nos. 77-1797, 77-1958 and 77-1959.

598 F.2d 575 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Wayne SCHWANKE, Virgil Ernest Huggins, Olen Collins, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided April 5, 1979.

Attorney(s) appearing for the Case

Leonard D. Munker, Federal Public Defender, Wichita, Kan. (Jim Jones, Sallisaw, Okl., for defendant-appellant Huggins, and Philip Warren Redwine, Norman, Okl., for defendant-appellant Collins, on briefs), for defendants-appellants.

Betty O. Williams, Asst. U. S. Atty., Muskogee, Okl. (Julian K. Fite, U. S. Atty. and John R. Osgood, Asst. U. S. Atty., Muskogee, Okl., on briefs), for plaintiff-appellee.

Before HOLLOWAY, BARRETT and LOGAN, Circuit Judges.

BARRETT, Circuit Judge.

Richard Wayne Schwanke (Schwanke), Virgil Ernest Huggins (Huggins) and Olen Collins (Collins) appeal their jury convictions of destroying a building by use of an explosive in violation of 18 U.S.C.A. § 844(i)1 and conspiracy in violation of 18 U.S.C.A. § 371.

Schwanke was charged in a two-count indictment filed June 14, 1977. Count I charged Schwanke with maliciously damaging and destroying a building...

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