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THERIAULT v. UNITED STATES

No. 26143.

434 F.2d 212 (1970)

Harry William THERIAULT, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Fifth Circuit.

November 2, 1970.

Attorney(s) appearing for the Case

Joseph M. Matranga, Mobile, Ala. (Court-appointed), for appellant.

Charles S. White-Spunner, U. S. Atty., Don Conway, Irwin Coleman, Asst. U. S. Attys., Mobile, Ala., for appellee.

Before RIVES, WISDOM and GODBOLD, Circuit Judges.

RIVES, Circuit Judge:

This appeal is from a conviction for violating section 751, Title 18, United States Code1 as charged in the indictment2 and a sentence to imprisonment for three years, to run consecutively to two earlier sentences.

The evidence failed to sustain that part of the indictment emphasized in footnote 2, supra. All three documents — the sworn complaint, the warrant of arrest...

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