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UNITED STATES v. STEPHENSON

No. 71-1438 Summary Calendar.

448 F.2d 768 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Walter Earl STEPHENSON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 28, 1971.

Attorney(s) appearing for the Case

Henry L. McGee, Jr., Tyler, Tex., (Court-appointed), for defendant-appellant.

Roby Hadden, U. S. Atty., Tyler, Tex., for plaintiff-appellee.

Before GEWIN, GOLDBERG, and DYER, Circuit Judges.

PER CURIAM:

This appeal is from a conviction for fraud by wire in violation of 18 U.S.C.A. § 1343. We affirm.

The refusal to grant a second continuance at the request of appellant because of the absence of a defense witness was in the discretion of the trial court, and that discretion was not abused. United States v. Pierce, 5 Cir. 1969, 411 F.2d 678. Similarly, the trial court did not abuse its discretion in denying...

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