GRAY v. UNITED STATES

No. 19803.

314 F.2d 838 (1963)

Chester GRAY and Alfred Schiff, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 3, 1963.


Attorney(s) appearing for the Case

Max Lurie, Miami, Fla., for appellant.

Alfred E. Sapp, Asst. U. S. Atty., Edith House, U.S. Atty., Miami, Fla., David B. Bliss, Dolph B. H. Simon, Attys., S.E.C., Washington, D. C., of counsel, for appellee.

Before TUTTLE, Chief Judge, WOODBURY, Chief Judge, and BELL, Circuit Judge.


PER CURIAM.

The judgment is affirmed. We find that there was no prejudicial error committed by the trial court in refusing to dismiss count one of the indictment by reason of the fact that particular use of interstate communication was charged to be from Miami, Florida, whereas the proof showed that it was from Miami Beach, Florida. We also find no merit in the argument that the trial court erred in not granting a mistrial for a statement made by government counsel...

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