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FALLEN v. UNITED STATES

No. 19527.

343 F.2d 844 (1965)

Floyd Charles FALLEN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

April 6, 1965.

Attorney(s) appearing for the Case

W. E. Grissett, Jr., Jacksonville, Fla., for appellant.

William J. Hamilton, Jr., Sp. Asst. to U. S. Atty., Southern Dist. of Fla., William A. Meadows, Jr., U. S. Atty., Southern Dist. of Fla., for appellee.

Before JONES and WISDOM, Circuit Judges, and SHEEHY, District Judge.

SHEEHY, District Judge.

This case is now before us for disposition on the merits, the Supreme Court having reversed the action of this Court in dismissing the appeal for want of timely filing of notice of appeal.1

On the night of September 2, 1960, the Post Office at Whitehouse, Florida, was burglarized. Thereafter, a grand jury in the Southern District of Florida returned two indictments...

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