APODACA v. UNITED STATES

No. 14082.

200 F.2d 775 (1953)

APODACA v. UNITED STATES.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 18, 1953.


Attorney(s) appearing for the Case

Wm. C. Orchard, New Orleans, La., Coyne Milstead, William H. Fryer and George Rodriguez, El Paso Tex., for appellant.

Francis C. Broaddus, Jr., Holvey Williams, Assts. U. S. Atty., El Paso, Tex., for appellee.

Before HUTCHESON, Chief Judge, and HOLMES and RIVES, Circuit Judges.


HOLMES, Circuit Judge.

This appeal is from a conviction on all five counts of an indictment charging appellant with receiving and possessing property stolen from interstate commerce, in violation of Title 18, § 659, U. S. Code. He relies principally on an alleged error of the court in refusing to enter a mistrial due to the conduct of the prosecution in attempting to impeach Victor Diaz, one of its own witnesses. The facts are as follows:

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