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UNITED STATES v. McKINNEY

No. 27634.

434 F.2d 831 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Jessie Kenneth McKINNEY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Certiorari Denied February 22, 1971.

Attorney(s) appearing for the Case

Cread L. Ray, Jr. (court-appointed), Ben Z. Grant, Marshall, Tex., for defendant-appellant.

Carl R. Roth, Asst. U. S. Atty., Beaumont, Tex., Kirby W. Patterson, Atty., Criminal Section, U. S. Dept. of Justice, Washington, D. C., for plaintiff-appellee; Beatrice Rosenberg, Atty., U. S. Dept. of Justice, Washington, D. C., Roby Hadden, U. S. Atty., Tyler, Tex., (for rehearing only).

Before RIVES, GOLDBERG and GODBOLD, Circuit Judges.

Certiorari Denied February 22, 1971. See 91 S.Ct. 910.

ON PETITION FOR REHEARING

RIVES, Circuit Judge:

Upon further consideration, I am convinced that the district judge did not abuse his discretion either upon the voir dire examination of the jurors or in denying McKinney's motion for new trial, and, hence, that the judgment of conviction should be affirmed. The most cogent reason for my change of view is that I have become convinced that the evidence...

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