UNITED STATES v. BAILEY

No. 27666.

418 F.2d 234 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. James Warren BAILEY, William Harvey Brooks, Donald O'Neal Nelson, Edwin Jackson Waters, Joseph Nick Young, Defendants-Appellants.

United States Court of Appeals Fifth Circuit.

November 17, 1969.


Attorney(s) appearing for the Case

S. Gunter Toney, Tallahassee, Fla., (Court-appointed), for defendants-appellants.

Floyd M. Buford, U. S. Atty., Walker P. Johnson, Jr., Asst. U. S. Atty., D. L. Rampey, Jr., Macon, Ga., for plaintiff-appellee; Henry C. Stockell, Jr., Regional Counsel, I.R.S., of counsel.

Before TUTTLE, COLEMAN and SIMPSON, Circuit Judges.


PER CURIAM:

Upon careful consideration of the briefs and records in this case, it appears that the only significant point raised on appeal is the response made by a government witness that a telephone number listed in a book, found in possession of one of the defendants, was the name of one Bynum, a notorious liquor violator.

The trial court struck this testimony from the record upon motion of defense counsel. The record discloses that counsel did not specifically...

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