No. 19284.

406 F.2d 1289 (1969)

Jimmy Floyd SEWELL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

February 24, 1969.

Attorney(s) appearing for the Case

Henry J. Osterloh, Little Rock, Ark., for appellant.

Robert F. Fussell, Asst. U. S. Atty., Little Rock, Ark., for appellee; W. H. Dillahunty, U. S. Atty., with him on the brief.

Before GIBSON and LAY, Circuit Judges and HARPER, Chief District Judge.

FLOYD R. GIBSON, Circuit Judge.

Jimmy Floyd Sewell was jointly indicted but separately tried and convicted by a jury of a violation of the Dyer Act, 18 U.S.C. § 2312. Sewell's companions in the offense pleaded guilty to the identical charge, were sentenced, and testified at Sewell's trial.

On appeal Sewell contends: (1) his arrest was invalid because the arresting officer lacked probable cause to make the arrest, and (2) the instructions given by the...


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