SMITH v. UNITED STATES

No. 23215.

360 F.2d 590 (1966)

Kenneth Michael SMITH, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

May 12, 1966.


Attorney(s) appearing for the Case

John L. Briggs, Jacksonville, Fla., Court-appointed counsel, for appellant.

Bernard Nachman, Asst. U. S. Atty., Jacksonville, Fla., Edward F. Boardman, U. S. Atty., Middle Dist. of Florida, for appellee.

Before WISDOM and COLEMAN, Circuit Judges, and HUGHES, District Judge.


COLEMAN, Circuit Judge:

This eighteen year old appellant, Kenneth Michael Smith, ably represented both here and in the court below by appointed counsel, was convicted of the interstate transportation of a motor vehicle in violation of Title 18, U.S.C.A. § 2312. Pursuant to Rule 23(a), Federal Rules of Criminal Procedure, jury trial was waived.

The car was stolen in Akron, Ohio, by one James T. Westfall, age seventeen, who had entered his plea of guilty...

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