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JAMES v. UNITED STATES

No. 26162.

416 F.2d 467 (1969)

Donald Lester JAMES, Ivan Orrels, Dewey D'Angelo, Alice Dianne Whitmire, Raymond Leroy Rolling, Jack Edward Kress, and Harvey Hutton Hutchins, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied October 31, 1969.

Attorney(s) appearing for the Case

Jack Wasserman, Washington, D. C., Michel Maroun, Shreveport, La., for appellants James, Orrells, D'Angelo, Kress, and Whitmire.

John M. Sekul, Biloxi, Miss., for appellant Rolling.

Harvey H. Hutchins, pro se.

Robt. E. Hauberg, U. S. Atty., Jackson, Miss., Owen A. Neff, Criminal Div., Charles Ruff, Joseph Tafe, Attys., Dept. of Justice, Washington, D. C., for appellee; Jill Wine Volner, Atty., Dept. of Justice, Washington, D. C., of counsel.

Before JOHN R. BROWN, Chief Judge, DYER, Circuit Judge, and HUNTER, District Judge.

EDWIN F. HUNTER, Jr., District Judge:

Appellants were tried by a jury under a four-count indictment charging them with conspiracy to violate and substantive violations of 18 U.S.C.A. §§ 2, 371 and 1952.

Count One charged that defendants conspired in violation of 18 U.S.C.A. § 371 to use certain facilities in interstate commerce with intent to carry on an unlawful gambling enteprise in violation of Sections 1952 and 2 of 18 U.S. C.A. The alleged...

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