UNITED STATES v. HURST

No. 30167 Summary Calendar.

436 F.2d 1092 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Byford Lee HURST, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 15, 1971.


Attorney(s) appearing for the Case

James W. Markel, Winter Park, Fla., for defendant-appellant.

John L. Briggs, U. S. Atty., Kendell W. Wherry, Asst. U. S. Atty., Orlando, Fla., for plaintiff-appellee.

Before BELL, AINSWORTH, and GODBOLD, Circuit Judges.


PER CURIAM:

This appeal is from a conviction of violating Title 18 U.S.C.A. Section 1702, unlawful interception of mail. The appeal asserts the sole claim that the district court committed prejudicial error in permitting the court reporter, after a request from the jury, to read the testimony of a prosecution witness to the jury.

The jury had been deliberating some two hours when the request was made. All of the testimony of the particular witness was read...

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