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TILLERY v. UNITED STATES

No. 25279.

396 F.2d 790 (1968)

Grady TILLERY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

June 21, 1968.

Attorney(s) appearing for the Case

Roy Lilly, Thomasville, Ga., for appellant.

Walker P. Johnson, Jr., Asst. U. S. Atty., Floyd M. Buford, U. S. Atty., Macon, Ga., for appellee.

Before BROWN, Chief Judge, BELL, Circuit Judge, and HOOPER, District Judge.

PER CURIAM.

Tillery was convicted on two counts of transporting stolen property in interstate commerce, the first based on a conspiracy and the other based on a substantive violation. 18 U.S.C.A. §§ 371, 2314. There are four assignments of error. Three are based on the failure of the court to grant motions for mistrial. The first motion for mistrial was based on two grounds: One, that prejudicial evidence regarding Tillery being on parole was introduced...

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