THOMPSON v. UNITED STATES

No. 17804.

272 F.2d 919 (1959)

Cleveland Lester THOMPSON, Jr., Edward Lee Harshberger and J. M. Proctor, Jr., Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 22, 1960.


Attorney(s) appearing for the Case

Bernard A. Golding, Houston, Tex., for appellants.

John R. Green, Asst. U. S. Atty., William B. Butler, U. S. Atty., Robert C. Maley, Jr., Asst. U. S. Atty., Houston, Tex., for appellee.

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


HUTCHESON, Circuit Judge.

Convicted on five counts of a seven count indictment and sentenced to two years on each count, the sentences to run concurrently, defendants, here upon two points of error, urge upon us that they were convicted upon procedures which offend due process of law.1

In support of their first point, appellants, quoting from the closing argument of the prosecutor,2 argue that, within...

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