Ples Elworth Russell, and Roy Russell v. United States

BARNES, Circuit Judge.

Appellants were two of twelve defend: ants indicted by a fifteen count indictment, charging all twelve defendants with violating 18 U.S.C. § 659, stealing from interstate shipments of freight and express. 1 ■ Appellant Pies Elworth Russell was charged in Counts 12 and 15; appellant Roy Russell was charged in Count 15.

Upon arraignment Pies Russell entered a plea of not guilty to Counts 12 and 15; Roy Russell entered a plisa of not guilty to Count 15. They were tried by jury and convicted of the counts in which named. Sentences were imposed by the court, under which Roy…