MERRITT v. UNITED STATES

No. 19603.

329 F.2d 757 (1964)

Condor MERRITT, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

March 20, 1964.


Attorney(s) appearing for the Case

Sam E. Murrell, Robert G. Murrell, Sam E. Murrell & Sons, Orlando, Fla., for appellant.

Thomas J. Hanlon, III, Asst. U. S. Atty., Tampa, Fla., William A. Meadows, Jr., U. S. Atty., Louis F. Oberdorfer, Asst. Atty. Gen., Joseph M. Howard, Atty., Washington, D. C., of counsel, for appellee.

Before RIVES and JONES, Circuit Judges, and DAWKINS, District Judge.


PER CURIAM.

The Government has filed a petition for rehearing, the basis of which is that this Court should not have relied on the comments of the Government's Special Agent, but should have given more weight to certain extrajudicial statements made by the defendant. Prior to the trial, the defendant in answer to questions put forth by the Government made several sworn statements purporting to list all of his assets. The Government now contends that the defendant...

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