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UNITED STATES v. RASH

No. 27806.

424 F.2d 1037 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Marion Junior RASH, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 9, 1970.

Attorney(s) appearing for the Case

Nelson S. Hargrove, Houston, Tex., for appellant.

Anthony J. P. Farris, U. S. Atty., James R. Gough, Asst. U. S. Atty., Houston, Tex., Russell W. Neisig, Ray E. Moses, Asst. U. S. Attys., Houston, Tex., for appellee.

Before WISDOM, SIMPSON and CLARK, Circuit Judges.

SIMPSON, Circuit Judge:

The record reveals that the appellant Rash followed a Mr. Gardner (a co-defendant who was separately tried) in a separate automobile to an auto-auction business lot in Houston, Texas. Ostensibly, Rash was to provide transportation if the Pontiac driven by Gardner was sold. A prospective purchaser, Mr. Belcher, requested that the status of the Pontiac be checked by the attending policeman, Officer White. He discovered through the National Crime...

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