CUNNINGHAM v. UNITED STATES

No. 22326.

356 F.2d 454 (1966)

Joe A. CUNNINGHAM, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 18, 1966.


Attorney(s) appearing for the Case

Thomas G. Sharpe, Jr., and Hardy, Galindo & Sharpe, Brownsville, Tex., for appellant.

James R. Gough, Asst. U. S. Atty., Houston, Tex., Woodrow Seals, U. S. Atty., Homero M. Lopez, Fred L. Hartman, Asst. U. S. Attys., Houston, Tex., for appellee.

Before BELL and THORNBERRY, Circuit Judges, and FISHER, District Judge.


PER CURIAM:

Appellant was convicted by a jury on a one-count indictment charging appellant with assaulting, impeding and interfering with an officer of the Immigration and Naturalization Service, in violation of 18 U.S.C. 111. He asserts three grounds for reversal, none of which is meritorious.

Appellant's first contention involves an allegation of jury misconduct — namely, that the jurors discussed appellant's failure to testify in his own behalf....

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