Holiday v. United States

SANBORN, Circuit Judge.

The question for decision, is whether the District Court erred in sustaining a sentence of fifteen years imprisonment imposed under the second count of an indictment charging, in two counts, the forcible robbery of an insured bank, and in vacating a sentence of ten years imprisonment imposed under the first count of the indictment.

Forrest Holiday and others, on September 24, 1936, were indicted in the United States District Court for the District of North Dakota, under § 2 of the Act of May 18, 1934, 48 Stat. 783, as amended by the Act of August 23, 1935, § 333, 49…