United States v. Harry Eugene Smith

LEWIS, Chief Judge.

Defendant Smith was charged in a one-count indictment with an “attempt to rob” the proprietress of Postal Contract Station No. 13 in Kansas City, Kansas, of money belonging to the United States in violation of 18 U.S.C. § 2114. Following a jury trial Smith was convicted upon a verdict of guilty and sentenced to a term of not more than eight years imprisonment. On appeal Smith challenges the sufficiency of the indictment and jury instructions on grounds the offense proscribed by section 2114 is “assault with intent to rob” and that an “attempt to rob” is not a crime under…