FITZGERALD v. UNITED STATES

No. 20191.

324 F.2d 153 (1963)

Edward A. FITZGERALD, Jr., and J. L. Witt, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied December 27, 1963.


Attorney(s) appearing for the Case

John J. Sullivan, Savannah, Ga., for appellants.

Donald H. Fraser, U. S. Atty., Savannah, Ga., for appellee.

Before TUTTLE, Chief Judge, and BROWN and BELL, Circuit Judges.


PER CURIAM.

We have carefully considered the contentions made by appellants. We find that the district court committed no error in ending the cross examination of Government witness J. C. Phillips. The witness had been permitted to answer several questions, all producing negative response. The court need not permit repetitive questions touching on the same matter.

As to the contention that the trial judge expressed an opinion as to the guilt of the accused...

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