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UNITED STATES v. KERSHNER

No. 28443.

432 F.2d 1066 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Timothy William KERSHNER and Albert William Smith, Jr., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

October 6, 1970.

Attorney(s) appearing for the Case

William R. Coleman, Jr., Augusta, Ga., for Kershner.

Dudley H. Bowen, Jr., Augusta, Ga., for Smith.

R. Jackson B. Smith, Jr., U. S. Atty., William T. Morton, Asst. U. S. Atty., Augusta, Ga., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, and GOLDBERG and CLARK, Circuit Judges.

CLARK, Circuit Judge:

This was a jointly-tried, three-defendant criminal case involving problems raised by deletions made in cross-implicating confessional statements to comply with the rule of Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968). Two defendants, Timothy William Kershner and Albert William Smith, were convicted and the third, Lucien E. England, was acquitted. At trial the oral confession of each...

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