TABBAH v. UNITED STATES

No. 14799.

217 F.2d 528 (1954)

Frank Ezzat TABBAH v. UNITED STATES of America.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 14, 1955.


Attorney(s) appearing for the Case

Joseph A. Calamia, E. B. Elfers, Calamia & Chew, El Paso, Tex., for appellant.

Francis C. Broaddus, Jr., Asst. U. S. Atty., El Paso, Tex., Charles F. Herring, U. S. Atty., Austin, Tex., for appellee.

Before HOLMES and TUTTLE, Circuit Judges, and ALLRED, District Judge.


TUTTLE, Circuit Judge.

This appeal presents the single question whether the trial court erred in failing to exclude the testimony of the divorced wife of the accused as to a telephone conversation she heard, while they were married, at his place of business when she and employees of the store were present under such circumstances, as she testified on cross-examination by accused's counsel, that she thought the employees could hear the conversation too.

The...

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