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UNITED STATES v. BALLARD

Nos. 27202, 27367.

423 F.2d 127 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Erwin Edward BALLARD, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Richard Henry BRYAN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 25, 1970.

Attorney(s) appearing for the Case

John B. Clark (court appointed), Jackson, Miss., Armis E. Hawkins (court appointed), Houston, Miss., for defendants-appellants.

H. M. Ray, U. S. Atty., J. Murray Akers, Asst. U. S. Atty., Oxford, Miss., for plaintiff-appellee.

Before WISDOM, SIMPSON and CLARK, Circuit Judges.

CLARK, Circuit Judge.

These appeals come from the Northern District of Mississippi where Erwin Edward Ballard and Richard Henry Bryan, in a joint trial, were both convicted of armed robbery of a federally insured bank.1 No motion for severance was made in the district court and because of common questions of law and fact, these appeals have been consolidated before us. There are three issues presented by each appeal, two of which are common...

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