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UNITED STATES v. DOBBS

No. 30457.

448 F.2d 1262 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Jerry Franklin DOBBS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 27, 1971.

Attorney(s) appearing for the Case

N. P. Callahan, Jr., Birmingham, Ala. (Court-Appointed), for defendant-appellant.

Wayman G. Sherrer, U. S. Atty., L. Scott Atkins, A. C. Bowen, Jr., Asst. U. S. Attys., Birmingham, Ala., for plaintiff-appellee.

Before COLEMAN, SIMPSON and RONEY, Circuit Judges.

RONEY, Circuit Judge:

This is an appeal by the defendant who was convicted of robbing the Lenlock Branch of the Commercial National Bank of Anniston, Alabama, in violation of 18 U.S.C. § 2113(a). Defendant complains that an out-of-court statement of a co-defendant, David Wayne Stansell, was improperly read to the jury and that an incriminating remark by defendant to an FBI agent was obtained in violation of Miranda v. Arizona, 384 U.S. 436

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