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BURTON v. UNITED STATES

No. 12377.

175 F.2d 960 (1949)

BURTON et al. v. UNITED STATES.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 23, 1949.

Attorney(s) appearing for the Case

Hugh M. Wilkinson, Robert S. Link, Jr., Warren O. Coleman, Frank B. Ellis, New Orleans, La., Frank J. Lonney, Shreveport, La., and Gordon B. Golsan, Jr., Mansfield, La., for appellant.

Robert Weinstein, Sp. Asst. to U. S. Atty., J. Skelly Wright, U. S. Atty., Nicole E. Simoneaux, Lansing L. Mitchell, John N. McKay, and Amos L. Ponder, Jr., Asst. U. S. Attys., New Orleans, La., for appellee.

Before HUTCHESON, SIBLEY, and McCORD, Circuit Judges.

SIBLEY, Circuit Judge.

The indictment charged a conspiracy under Section 37 of the former Criminal Code, 18 U.S.C.A. § 88, among the defendants William T. Burton, Joe T. Cawthorn, Marcel F. LaBranche, and James A. Noe, and three others not indicted, Edwin H. Oliveira, Barnard R. Hughes and John Joseph Astorias. Oliveira and Astorias were principal witnesses for the prosecution, but Hughes, though subpœnæd by both sides, was ill and did not testify...

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