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UNITED STATES v. SMITH

No. 28302.

433 F.2d 1266 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Wallace Howard SMITH, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 4, 1970.

Attorney(s) appearing for the Case

Robert J. Stamps, New Orleans, La. (Court-appointed, for defendant-appellant.

Richard M. Olsen, Asst. U. S. Atty., Gerald J. Gallinghouse, U. S. Atty., New Orleans, La., for plaintiff-appellee.

Before GEWIN, GOLDBERG and SIMPSON, Circuit Judges.

SIMPSON, Circuit Judge:

Wallace Howard Smith appeals a judgment of conviction and sentence to imprisonment for three years1 following a jury verdict of guilty. The single count indictment charged appellant with violation of Title 18, U.S.C., Section 875(c),2 for willfully and knowingly, on March 1, 1969, transmitting telephonically a threatening communication from New Orleans, Louisiana, to Houston, Texas,...

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