Melling v. United States

ALSCHULER, Circuit Judge.

Melling and one other were together indicted for participation in the same- mail robbery which gavo rise to cause No. 3965, O’Brien et al. v. United States, 25 F.(2d) 90, in this court, our opinion wherein is this day also filed. The indictment is the same in form as in the other case. Moiling alone was tried, the other defendant not being found, and there was no evidence of the latter’s participation in the robbery, nor of any relation whatever between tho two. So, for lie purpose of this case, the indictment may be considered as if returned against Melling alone.

It…