Rutledge v. United States

JOHNSEN, Circuit Judge.

This case involves the same indictment, factual situation and controlling questions as Brown v. United States, 8 Cir., 167 F.2d 772. On the basis of that opinion, we affirm the trial court’s order denying the motion made by appellant to vacate his sentence on the first count of the indictment.

Appellant’s brief makes a few contentions beyond or more detailedly than those referred to in the Brown case, and these will -be noted, though they are not capable of changing the result.

It is argued that the charge in the first count of the indictment of having conspired to effect…