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CARTER v. UNITED STATES

No. 19183.

304 F.2d 881 (1962)

Maxie CARTER, Sr., Gary Reddish and Preston Johnson, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 15, 1962.

Attorney(s) appearing for the Case

M. H. Myerson, Wayne E. Ripley, Fred S. Rizk, Jacksonville, Fla., for appellants.

Edward F. Boardman, U. S. Atty., Jacksonville, Fla., John L. Briggs, Sp. Asst. to U. S. Atty., Southern Dist. of Florida, for appellee.

Before TUTTLE, Chief Judge, BELL, Circuit Judge, and CARSWELL, District Judge.

PER CURIAM.

We have carefully considered the several grounds of appeal in this case. We conclude that appellants' criticism of the trial court's refusal to sever the Johnson case from that of the other appellants because of Johnson's having made the damaging extra judicial admission is not well taken. The experienced trial judge repeatedly took effective protective measures to assure that Johnson's statement would be considered by the jury only in connection with...

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