UNITED STATES v. WHITAKER

No. 691-69.

435 F.2d 1300 (1970)

UNITED STATES of America, Appellee, v. Gerald Owen WHITAKER, Appellant.

United States Court of Appeals, Tenth Circuit.

December 24, 1970.


Attorney(s) appearing for the Case

Glen S. Kelly, Asst. U. S. Atty., Kansas City, Kan. (Robert J. Roth, U. S. Atty., Kansas City, Kan., with him on the brief), for appellee.

Thomas E. Allen, Overland Park, Kan., for appellant.

Before PICKETT, BREITENSTEIN and HILL, Circuit Judges.


PER CURIAM.

This is an appeal from a five-year sentence which followed appellant Whitaker's conviction for violation of 18 U.S.C. § 2312 (Dyer Act). The only ground for reversal is the denial of a motion for mistrial made after the prosecution and defense had completed the introduction of their evidence.

The basis for the motion is that Whitaker and his witness appeared in court in ill-kept clothing, needing a haircut and shave; and further, that Whitaker...

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