MORGAN v. UNITED STATES

No. 8370.

355 F.2d 43 (1966)

Richard Charles MORGAN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

January 7, 1966.


Attorney(s) appearing for the Case

Paul C. Duncan, Jr., Oklahoma City, Okl., for appellant.

John A. Babington, Asst. U. S. Atty. (John Quinn, U. S. Atty., on the brief), for appellee.

Before MURRAH, Chief Judge, and BREITENSTEIN and SETH, Circuit Judges.


SETH, Circuit Judge.

Appellant was tried and convicted by a jury on a charge of interstate transportation of a stolen motor vehicle from Houston, Texas, to Tortugas, New Mexico, in violation of the Dyer Act, 18 U.S.C. § 2312.

On this appeal, appellant urges that the trial court committed error in failing to grant a motion for a mistrial made by the appellant during the course of the opening statement by the prosecution. The motion was based on an assertion...

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