BROOKINS v. UNITED STATES

No. 25445.

397 F.2d 261 (1968)

Edward BROOKINS and Ralph Hubert Houston, Jr., Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 7, 1968.


Attorney(s) appearing for the Case

E. Louis Adams, Albany, Ga., S. Gunter Toney, Toney & Rose, Tallahassee, Fla., for appellants.

Tyrus R. Atkinson, 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.


HOOPER, District Judge:

Appellants Brookins and Houston were found guilty and sentenced under Count Ten, and appellant Houston upon Counts Two, Three and Four of an indictment returned against them and other defendants, as set out below.

(1) Their first specification of error alleges that, although appellants by stipulation had waived their right to attack the selection of the jury in the Albany Division of the court, such waiver was coerced by threats to...

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