Touhy v. United States

FARIS, Circuit Judge.

Appellant was indicted jointly with seven others in twelve counts, for robbing the United States mail; for the stealing of nine different letters from such mail; and for conspiracy to violate the provisions of sections 317 and 320 of title 18, U.S.C. (18 U.S.C.A. §§ 317, 320).

Some two years prior to appellant’s trial, McKee and Ryan, jointly indicted with appellant, pleaded guilty and were at the time of the trial confined in a penitentiary. Just prior to the trial Barry and Epmeier, also jointly indicted, pleaded guilty and testified for the government.

Prior to the…