Burley v. United States, 5971.
| Decision Date | 26 January 1959 |
| Docket Number | No. 5971.,5971. |
| Parties | James G. BURLEY, Appellant, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — Tenth Circuit |
Irving P. Andrews, Denver, Colo., for appellant.
John S. Pfeiffer, Asst. U. S. Atty., for Dist. of Colo., Denver Colo. (Donald E. Kelley, U. S. Atty., for the Dist. of Colo., Denver, Colo., on the brief), for appellee.
Before PHILLIPS, MURRAH and LEWIS, Circuit Judges.
This is a companion case to Robinson v. United States, 10 Cir., 263 F.2d 911. Appellant was convicted upon the first and fifth counts of the same indictment therein considered and held to be fatally defective. For the reasons stated in Robinson the judgment is reversed with instructions to dismiss the indictment.
For the reasons indicated in my dissent in Robinson v. United States, 10 Cir., 263 F.2d 912, I would affirm the conviction on Count One.
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United States v. Bailey
...F.2d 673; Jones v. United States, 10 Cir., 1959, 263 F.2d 959; Davidson v. United States, 10 Cir., 1959, 263 F.2d 959; Burley v. United States, 10 Cir., 1959, 263 F.2d 912; Robinson v. United States, 10 Cir., 1959, 263 F.2d 911. But see United States v. Wora, 2 Cir., 1957, 246 F.2d 283. In ......
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Robinson v. United States, 5962.
... ... Lewis, also known as Jimmy Six, also known as James Miller; Blair Jones, also known as Robert Jones; James G. Burley, also known as Gerald Burley; Betty Robinson, also known as Betty Burley; Margery Ann Davidson, and divers other persons to the grand jury unknown, ... ...
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Lewis v. United States, 6212
...Burley and Lewis for trafficking in narcotics in violation of 21 U.S.C.A. § 174 were set aside because of fatally defective indictments. 263 F.2d 912; 263 F.2d 959. Defendants were re-indicted for the same offense and, after a joint jury trial with one Jones, who does not appeal, were again......
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Davidson v. United States, 5891.
...indictment in this case is admittedly not unlike Robinson v. United States of America, 10 Cir., 263 F.2d 911; and Burley v. United States of America, 10 Cir., 263 F.2d 912, both of which were reversed on authority of United States v. Calhoun, 7 Cir., 257 F.2d 673. This case is accordingly r......