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FRANKLIN v. UNITED STATES

No. 24203.

384 F.2d 377 (1967)

Robert Eugene FRANKLIN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied November 17, 1967.

Attorney(s) appearing for the Case

James W. Smith, Albany, Ga., Harold Lambert, Bainbridge, Ga., for appellant.

Tyrus R. Atkinson, Jr., Asst. U. S. Atty., Macon, Ga., for appellee.

Before TUTTLE, GEWIN and AINSWORTH, Circuit Judges.

GEWIN, Circuit Judge:

The appellant, Robert Eugene Franklin, was found guilty of perjury in violation of Title 18 U.S.C. § 1621 in the United States District Court for the Middle District of Georgia. He was sentenced to a term of three years. On this appeal he contends that the court committed error in denying his motion for continuance; that the proper venue for his trial was the Albany Division and not the Macon Division of the Middle District where he was...

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