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HURST v. UNITED STATES

No. 22399.

371 F.2d 1018 (1967)

Joseph J. HURST, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

February 16, 1967.

Attorney(s) appearing for the Case

B. H. Chappell, Columbus, Ga., Jesse G. Bowles, Cuthbert, Ga., Jackson Cook, Ellis Arnall, Atlanta, Ga., for appellant.

Floyd M. Buford, U. S. Atty., Macon, Ga., for appellee.

Before BROWN and COLEMAN, Circuit Judges, and GARZA, District Judge.

ON PETITION FOR REHEARING

PER CURIAM.

Emphasizing our concession that this is an exceedingly close case on the facts [but nevertheless one for the jury] appellant strongly petitions for rehearing on the following grounds:

(1) Although the defense of entrapment was not raised in the Court below the record establishes it as a matter of law; (2) the recorded conversation was no proof of conspiracy because the conspiracy, if any, there recited was with...

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