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UNITED STATES v. MARTIN

No. 28890.

434 F.2d 275 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Harry Joseph MARTIN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 13, 1970.

Attorney(s) appearing for the Case

John S. Tucker, Jr., Birmingham, Ala. (Court-appointed), for defendant-appellant.

Wayman G. Sherrer, U. S. Atty., Melton L. Alexander, Asst. U. S. Atty., Birmingham, Ala., for plaintiff-appellee.

Before RIVES, WISDOM and GODBOLD, Circuit Judges.

RIVES, Circuit Judge:

Martin appeals from his conviction for violating 18 U.S.C. § 23121 and sentence to three years' imprisonment.

About 8:30 A.M., April 4, 1969, an Alabama State Trooper patrolling a highway near Bessemer, Alabama, noticed a 1964 Chevrolet parked on a small dirt road off the pavement. He continued patrolling, but came back about 9:00 A.M., went to the car, noticed a man sleeping in the back, got the tag...

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