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McKISSICK v. UNITED STATES

No. 25555.

398 F.2d 342 (1968)

Bobby Jean McKISSICK, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 2, 1968.

Attorney(s) appearing for the Case

L. H. Walden, Robert E. Coburn, Jr., Montgomery, Ala., for appellant.

Ben Hardeman, U. S. Atty., Jack B. Patterson, Asst. U. S. Atty., Montgomery, Ala., for appellee.

Before TUTTLE and DYER, Circuit Judges, and MEHRTENS, District Judge.

MEHRTENS, District Judge:

This is an appeal from an order placing into force and effect the judgment of guilty heretofore entered against the appellant, McKissick.

After a hearing pursuant to this Court's mandate conditionally suspending execution of the judgment for reasons set forth in the first opinion [McKissick v. United States, 379 F.2d 754 (C.A. 5, 1967)], the District Court found that:

(1) McKissick did tell...

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