Jack Martin Farley v. United States

RIVES, Circuit Judge:

On a jury’s verdict, Farley was adjudged guilty of forcibly attempting to break into the Ludlam Branch of the United States Post Office at Miami, Florida, with intent to commit larceny or other depredation therein, in violation of Title 18 U.S.C. § 2115.

At about 2:30 A.M., April 27, 1966, two deputy sheriffs, acting on a tip from a postal inspector, were checking post offices in Dade County, Florida. As they approached the Ludlam branch, they observed two men standing near a wall of the building. The officers split up to approach the area. As they approached, one of the…