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UNITED STATES v. JOHNSON

No. 31051 Summary Calendar.

441 F.2d 733 (1971)

UNITED STATES of America Plaintiff-Appellee, v. Henry Mance JOHNSON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 10, 1971.

Attorney(s) appearing for the Case

Barry Hess, Matranga, Hess & Sullivan, Roderick P. Stout, Mobile, Ala., for defendant-appellant.

C. S. White-Spunner, Jr., U. S. Atty., Irwin W. Coleman, Jr., Edward J. Vulevich, Jr., Asst. U. S. Attys., Mobile, Ala., for plaintiff-appellee.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.

PER CURIAM:

On this appeal, the appellant asserts error by the District Court because: (1) a certain portion of a transcript of testimony by a witness at a preliminary hearing in which the appellant was not a party was excluded by the District Court; (2) the United States Attorney's office failed to locate a missing witness for the defense counsel; and (3) the District Court refused to continue the case because of the absence of this witness.

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