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UNITED STATES v. REED

No. 16427.

392 F.2d 865 (1968)

UNITED STATES of America, Plaintiff-Appellee, v. Orrin Scott REED, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied May 6, 1968.

Attorney(s) appearing for the Case

William E. Plane, Indianapolis, Ind., Orrin Scott Reed, South Bend, Ind., Richard R. McDowell, Indianapolis, Ind., Cadick, Burns, Duck & Neighbours, Indianapolis, Ind., of counsel, for appellant.

Alfred W. Moellering, U. S. Atty., Joseph F. Eichhorn, Asst. U. S. Atty., Fort Wayne, Ind., for appellee.

Before DUFFY, Senior Circuit Judge, and KILEY and FAIRCHILD, Circuit Judges.

DUFFY, Senior Circuit Judge.

The defendant was convicted of bank robbery and placing the life of a person in jeopardy in violation of Title 18 U.S.C. § 2113(d). On the first appeal, this Court reversed and remanded for a new trial, United States v. Reed, 376 F.2d 226 (1967). We there held by a two to one decision, that the testimony in the trial court with respect to the "mugshots" of Reed taken in prison was prejudicial error...

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