KEMP v. UNITED STATES

No. 25675.

419 F.2d 383 (1969)

Donathan Garvin KEMP, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Certiorari Denied March 2, 1970.


Attorney(s) appearing for the Case

Howard Moore, Jr., Peter E. Rindskopf, Atlanta, Ga., for appellant.

Charles B. Lewis, Jr., Asst. U. S. Atty., Atlanta, Ga., for appellee.

Before JOHN R. BROWN, Chief Judge, THORNBERRY, Circuit Judge, and TAYLOR, District Judge.


Certiorari Denied March 2, 1970. See 90 S.Ct. 1008.

ON PETITION FOR REHEARING

PER CURIAM.

Appellant's Petition for Rehearing is predicated on the proposition that the Court overlooked Rule 29(c) of The Federal Rules of Criminal Procedure which expressly allows a motion for judgment of acquittal after return of the verdict regardless of whether such motion was made at an earlier stage of the trial.

Regardless of the applicability of Hall v...

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