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FOUTS v. UNITED STATES

Nos. 13158, 13159.

258 F.2d 402 (1958)

Albert George FOUTS, Appellant, v. UNITED STATES of America, Appellee. Virgil SUMMERS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Sixth Circuit.

August 28, 1958.

Attorney(s) appearing for the Case

Robert C. Knee and Raymond A. White, Dayton, Ohio, Jack H. Patricoff, Dayton, Ohio, on brief, for appellants.

H. Donald Hawkins, Asst. U. S. Atty., Dayton, Ohio, Hugh K. Martin, Dayton, Ohio, on brief, for appellee.

Before MARTIN, MILLER and STEWART, Circuit Judges.

MARTIN, Circuit Judge.

The appeals in these two criminal cases were dealt with in an opinion of this court filed on February 4, 1958, and reported at 253 F.2d 215, 218. We there stated the basis of the appeal, discussed the principles involved, and cited relevant authorities. We stated our inability to review adequately, on the record before us, the issue of whether or not appellants have been deprived of their constitutional guarantee...

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