NAPIER v. UNITED STATES

Nos. 23873, 23874.

387 F.2d 147 (1967)

Damon Shelton NAPIER, Robert Dwayne Freeman, and Jerry Leonard Cowart, Appellants, v. UNITED STATES of America, Appellee. John Doward SKIPPER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 16, 1968.


Attorney(s) appearing for the Case

Thomas M. Haas, Mobile, Ala., for appellants.

Vernol L. Jansen, Jr., U. S. Atty., Don Conway, Asst. U. S. Atty., Mobile, Ala., for appellee.

Before JONES and DYER, Circuit Judges, and CASSIBRY, District Judge.


DYER, Circuit Judge.

Appellants Napier, Freeman and Cowart were indicted for Dyer Act violations, 18 U.S.C.A. § 2312, and were tried together after their motions for a severance were denied. Appellant Skipper waived indictment, consented to the filing of an information, and agreed to be tried with the others. All were found guilty by a jury of knowingly transporting two stolen vehicles in interstate commerce.

On February 15 and 16, 1966, the two Chevrolet...

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