ASHLEY v. UNITED STATES

No. 26122.

413 F.2d 249 (1969)

Otis Hedges ASHLEY and Dewey Arnold Cody, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

June 26, 1969.


Attorney(s) appearing for the Case

Max B. Kogen, Miami, Fla., for appellants.

William A. Meadows, Jr., U. S. Atty., Neal R. Sonnett, Asst. U. S. Atty., Miami, Fla., for appellee.

Before TUTTLE and SIMPSON, Circuit Judges, and CASSIBRY, District Judge.


SIMPSON, Circuit Judge:

Appellants were indicted for knowingly transporting stolen cineboxes1 from Miami, Florida, to Mobile, Alabama and Morgan City, Louisiana, in violation of Title 18, U.S.C. § 2314. They were tried to a jury and convicted. Appellant Cody received an eighteen month sentence while Ashley was sentenced to a three year term.

The appellants urge that the trial court erred (1) because a police report based on...

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