Charles Earl McNeely v. United States of America, Robert Eugene Johnson v. United States

GIBSON, Circuit Judge.

These are appeals from the United States District Court for the Eastern District of Missouri in which appellants were jointly tried before a jury and convicted of violating Title 18, U.S.C.A. § 2115, burglary of a United States Post Office.

Sometime during the night of July 26 or early morning of July 27, 1964, a branch Post Office in Maplewood, Missouri, was forceably entered and an unsuccessful attempt was made to break into the safe. This burglary was unbeknown to Patrolman Walton of the neighboring suburb of Brentwood when he observed two men in an automobile parked…