No. 81-2437.

707 F.2d 332 (1983)

UNITED STATES of America, Appellee, v. James W. TURPIN, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided May 6, 1983.

Rehearing and Rehearing Denied June 1, 1983.

Attorney(s) appearing for the Case

Murry A. Marks, J.D., Clayton, Mo., for appellant.

Thomas E. Dittmeier, U.S. Atty., Timothy J. Wilson, Asst. U.S. Atty., St. Louis, Mo., for appellee.

Before ROSS and McMILLIAN, Circuit Judges, and ALSOP, District Judge.

Rehearing and Rehearing En Banc Denied June 1, 1983.

McMILLIAN, Circuit Judge.

This case is before us for the second time. The facts of the case are set out in our earlier opinion. See United States v. Turpin, 698 F.2d 351 (8th Cir.1983). Appellant was convicted by a jury of attempting to make the track and other railroad property hazardous to work and use, with the intent to derail, disable, and wreck a train, in violation...


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