Legal Opinion

Learoy Edward Smith, Hubert Donald Smith and Rodger Winston Wagner v. United States

Court of Appeals for the Fifth Circuit

Decided December 6, 1960No. 18474_1PublishedCited by 42 opinions

1Opinion of the Court

JOHN R. BROWN, Circuit Judge.

Only two questions of any real seriousness emerge in this appeal from the mandatory 25-year sentences imposed after a jury verdict finding the three appellants guilty of postal robbery effected by putting in j'eopardy the life of the postal employees. 18 U.S.C.A. § 2114. 1 The Court-appointed counsel led by a veteran of the Criminal Bar “With great earnestness and a skill which presses out the very last drop of merit in the materials at hand,” Gilmore v. United States, 5 Cir., 1959, 264 F.2d 44, 45, makes two principal contentions in the face of a formidable…

2Cases cited2 opinions

  1. United States v. Robert L. Donovan, Albert Andrews and Hyman CohenCourt of Appeals for the Second Circuit · 1957
  2. McCoy Gilmore v. United StatesCourt of Appeals for the Fifth Circuit · 1959

3Cited by42 opinions

  1. State v. JohnsonSupreme Court of New Jersey · 1964
  2. Chapman v. United StatesSupreme Court of the United States · 1991
  3. Rodriguez v. United StatesSupreme Court of the United States · 1987
  4. United States v. Julio La Guardia, United States of America v. Eredia Josefa Jimenez-MinallaCourt of Appeals for the First Circuit · 1990
  5. United States of America, Appellant/cross No. 88-3268 v. Alan Frank, A/K/A A. Roy, Appellee/cross No. 88-3220Court of Appeals for the Third Circuit · 1989

37 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API