UNITED STATES v. AYERS

No. 28654 Summary Calendar.

431 F.2d 486 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Freddie Clinton AYERS and Daniel Scott, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

September 23, 1970.


Attorney(s) appearing for the Case

Bryce U. Graham, Tuscumbia, Ala., N. P. Callahan, Jr., Birmingham, Ala., for defendants-appellants.

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

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.


PER CURIAM:

Appellants Ayers and Scott were convicted after a jury trial of burglary of a United States Post Office in Waterloo, Alabama. Between them, they assign seven points of error on this appeal: (1) That the evidence was insufficient to sustain the jury verdict; (2) that a variation between the indictment and the proof at trial concerning the date of the crime violated their rights to due process of law; (3) that the evidence seized in a search of appellant...

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