Thomas Franklin Clemas v. United States

BLACKMUN, Circuit Judge.

On May 6, 1966, Thomas Franklin Ciernas was charged in a four-count indictment with violations of 18 U.S.C. .§ 2115 and § 641 in that, on or about December 23, 1965, he forcibly broke into buildings used as post offices at Lebanon and Tolstoy, South Dakota, respectively, with intent to commit larceny therein, and, in each instance, stole property of the United States consisting of cash and postage stamps of a value in excess of $100. Thus there was a charge, as to each post office building, of both forcible entry with larcenous intent and of theft.

Ciernas, with…