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LOTT v. UNITED STATES

No. 21368.

389 F.2d 763 (1968)

Travis Truman LOTT, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

January 15, 1968.

Attorney(s) appearing for the Case

John Kerr Wilson, Santa Barbara, Cal., for appellant.

William Matthew Byrne, Jr., U. S. Atty., Robert L. Brosio, Asst. U. S. Atty., Chief, Criminal Division, William J. Gargaro, Jr., Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before CHAMBERS and MERRILL, Circuit Judges, and SOLOMON, District Judge.

SOLOMON, District Judge:

Appellant, Travis Truman Lott, Jr., was indicted and convicted by a jury of bank robbery in violation of 18 U.S.C. § 2113(a) and (d). The sole issue in this appeal is whether the trial court erred in permitting an F.B.I. agent to testify in rebuttal about statements made by Lott to him while in custody after the United States Commissioner postponed the hearing to permit Lott to obtain counsel.

At the trial, four bank employees...

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