Andy Wallace Barnett, Robert Taylor Newman and Jack Coleman Stewart v. United States

GODBOLD, Circuit Judge:

Appellants Barnett, Newman and Stewart were tried under an indictment with five substantive counts charging violation of 18 U.S.C.A. § 331 1 and a conspiracy count under 18 U.S.C.A. § 371. 2 Jury verdicts were returned finding Newman and Stewart guilty on all six counts and Barnett guilty only on the conspiracy count. All three appeal.

The United States Secret Service received information by affidavit that appellants planned a trip down the- Ohio and Mississippi Rivers to New Orleans on a 37i4 foot yacht, prophetically named the “Docket,” and that the yacht would be used…