UNITED STATES v. BOWLINE

Nos. 78-1663, 78-1664, 78-1665, 78-1667, 78-1668 and 78-1669.

593 F.2d 944 (1979)

UNITED STATES of America, Plaintiff-Appellant, v. Johnny BOWLINE, Louis Butler, Curtis Hallum, Johnny Jones, Pat Leonard, and Trish Leonard, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided March 8, 1979.


Attorney(s) appearing for the Case

Julian K. Fite, U. S. Atty., Muskogee, Okl., for plaintiff-appellant.

Jerry L. McCombs, Idabel, Okl., for defendant-appellee Johnny Bowline.

J. W. Coyle, III, Oklahoma City, Okl., for defendant-appellee Louis Butler.

John E. Shipp, Idabel, Okl., for defendant-appellee Curtis Hallum.

Gene Stipe, Oklahoma City, Okl., for defendant-appellee Johnny Jones.

Robert D. McDonald, Fort Gibson, Okl., for defendant-appellee Pat Leonard.

J. Ron Wright, Muskogee, Okl., for defendant-appellee Trish Leonard.

Before HOLLOWAY, BARRETT and DOYLE, Circuit Judges.


WILLIAM E. DOYLE, Circuit Judge.

The question in this case is the appealability of the dismissal by the government of a conspiracy charge. The indictment also contained a total of 15 substantive charges against various defendants. Our interest here is limited to the validity of the trial court's dismissal of Count I, the conspiracy, based upon the fact that it, according to the judge's finding, described not one conspiracy but several. The dismissal of the conspiracy...

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