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UNITED STATES v. JACKSON

No. 28396.

426 F.2d 305 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Neva J. JACKSON, a/k/a Neva J. Stewart, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 18, 1970.

Attorney(s) appearing for the Case

Keith Marks, Dallas, Tex., for defendant-appellant.

Eldon B. Mahon, U. S. Atty., B. H. Timmins, Jr., Cecil S. Mathis, Asst. U. S. Attys., Fort Worth, Tex., for plaintiff-appellee.

Before THORNBERRY, COLEMAN, and INGRAHAM, Circuit Judges.

COLEMAN, Circuit Judge:

Upon an information which the trial court had sua sponte ordered filed, Neva J. Jackson was found guilty of criminal contempt of court and sentenced to serve thirty days in a jail type institution. We find that the government failed to carry its burden of proof and we reverse the conviction.

The information read as follows:

"THE UNITED STATES ATTORNEY CHARGES: "From on or about May 3, 1968 through January 16, 1969...

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