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UNITED STATES v. HOUSTON

No. 29647. Summary Calendar.

434 F.2d 613 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Ralph Hubert HOUSTON, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 5, 1970.

Attorney(s) appearing for the Case

Gerald L. Burrows, Atlanta, Ga. (Court-appointed) for defendant-appellant; Ralph Hubert Houston, Jr., pro se.

William J. Schloth, U. S. Atty., Charles T. Erion, Asst. U. S. Atty., Macon, Ga., for plaintiff-appellee.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

DYER, Circuit Judge:

Houston was convicted of possessing and transporting non-tax-paid whiskey in violation of 26 U.S.C.A. §§ 5205(a) (2) and 5604(a). On appeal, he contends that the District Court erroneously charged the jury regarding alibi and defendant's failure to testify. We affirm.

The District Judge charged the jury with regard to the defense of alibi as follows:

During the course of the trial of this matter the defendant has offered...

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