UNITED STATES v. PERKINS

No. 28023 Summary Calendar.

444 F.2d 1329 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Phillip Benjamin PERKINS and John Henry Mays, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

As Corrected August 6, 1971.


Attorney(s) appearing for the Case

Paul W. Anderson, Marshall, Tex., for Mays.

Richard F. Smith, Dallas, Tex. (Court appointed), for appellant Perkins.

Phillip Benjamin Perkins, pro se.

Richard Brooks Hardee, U. S. Atty., James F. Parker, Jr., Asst. U. S. Atty., Tyler, Tex., for plaintiff-appellee.

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.


GODBOLD, Circuit Judge:

This is an appeal by codefendants Perkins and Mays from conviction on charges of using the mails to defraud. The use of the mails was an essential part of a confidence game known as "three card monte."

By opinion of February 9, 1970 we directed sua sponte that counsel be appointed for Perkins by this court, and we temporarily remanded to the District Court with direction that counsel so appointed file in that court pleadings setting...

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