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UNITED STATES v. PITTMAN

No. 29868 Summary Calendar.

439 F.2d 906 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Benjamin PITTMAN and Annie Laura Pittman, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 25, 1971.

Attorney(s) appearing for the Case

Edward T. Garland, Garland & Garland, Reuben A. Garland, Robert G. Fierer, Atlanta, Ga., for appellants.

Robert L. Smith, Asst. U. S. Atty., John W. Stokes, Jr., U. S. Atty., Atlanta, Ga., for appellee.

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.

AINSWORTH, Circuit Judge:

The Pittmans, husband and wife, were tried jointly on five counts of an indictment alleging violations of 26 U.S.C. §§ 4704(a)1 and 4705(a).2 The jury returned a verdict of guilty on the first four counts and acquitted the defendants as to Count V. Subsequently the trial judge, acting pursuant to the Supreme Court's decision in Turner v. United States, 396...

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