Loren R. Gajewski and Mervin A. Gajewski v. United States

MATTHES, Circuit Judge.

Loren R. Gajewski and Mervin A. Ga-jewski, appellants, are brothers (42 and 36 years old, respectively,) and are the children of Otto A. Gajewski, who died in 1959, and Lillia B. Gajewski, who died in 1961. At all times pertinent to this proceeding appellants were engaged principally in farming in McKenzie County, North Dakota.

In three counts of an indictment filed October 24,1960, appellants were charged with committing conspiracies in violation of 18 U.S.C.A. § 371. 1 In the fourth count of the indictment Loren R. Gajewski was charged with a substantive offense.

In…