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SHOCKLEY v. UNITED STATES

No. 11511.

166 F.2d 704 (1948)

SHOCKLEY et al. v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied April 7, 1948.

Attorney(s) appearing for the Case

William A. Sullivan and James E. Burns, both of San Francisco, Cal., for appellant Shockley.

Ernest Spagnoli and Aaron Vinkler, both of San Francisco, Cal., for appellant Thompson.

Van H. Pinney and Melvin M. Belli, both of San Francisco, Cal., amicus curiae on behalf of appellant Thompson.

Frank J. Hennessy, U. S. Atty., and Daniel C. Deasy, Asst. U. S. Atty., both of San Francisco, Cal., for appellee.

Before GARRECHT, HEALY and BONE, Circuit Judges.

BONE, Circuit Judge.

Appellants were, at all times herein mentioned, prisoners lawfully confined in the United States Penitentiary at Alcatraz Island, California. (See footnote 5.) They appeal from a conviction before a jury upon an indictment charging them in one count with the crime of first degree murder. Omitting formalities, the indictment reads as follows:

"(18 U.S.C.A. Sec. 253; 18 U.S.C.A. Sec. 452; Murder of Employee of United States Penal Institution...

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