BRUNER v. UNITED STATES

No. 711-69.

432 F.2d 931 (1970)

Clifford C. BRUNER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Tenth Circuit.

October 20, 1970.


Attorney(s) appearing for the Case

Robert Bruce Miller, Boulder, Colo., for appellant.

James A. Pusateri, Asst. U. S. Atty., Kansas City, Kan. (Robert J. Roth, U. S. Atty., Wichita, Kan., on the brief) for appellee.

Before PHILLIPS, HILL and HICKEY, Circuit Judges.


HILL, Circuit Judge.

Bruner appeals in forma pauperis from a jury conviction for violation of 18 U.S.C. § 2312, illegal interstate transportation of a motor vehicle. Error is urged on three grounds: (1) Appellant has a right to the trial transcript from a mistrial for purposes of appeal and for use at a second trial; (2) defense counsel was inadequate at the second trial; and (3) highly prejudicial evidence was erroneously admitted in the second trial.

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