UNITED STATES v. BOLTON

No. 30680 Summary Calendar.

438 F.2d 1219 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Roy Cecil BOLTON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 2, 1971.


Attorney(s) appearing for the Case

George D. McMillan, Jr., Birmingham, Ala., (Court-appointed) for defendant-appellant.

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

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.


PER CURIAM:

The sole issue in this appeal by Roy Cecil Bolton, who was convicted September 28, 1970 of transporting a stolen motor vehicle in interstate commerce in violation of 18 U.S.C. § 2312, is whether the trial court erred in refusing appellant's request for a continuance because of the absence of a defense witness. The granting of a continuance until an absent witness can be procured is, of course, within the sound discretion of the district court, and...

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