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UNITED STATES v. EDWARDS

No. 30601 Summary Calendar.

447 F.2d 147 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Horace Lemar EDWARDS and Ronald Clifton, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 25, 1971.

Attorney(s) appearing for the Case

Victor Arditti, El Paso, Tex., (Court appointed), for Clifton.

Robert R. Bryan, Birmingham, Ala., amicus curiae.

Seagal V. Wheatley, U. S. Atty., Haskell Shelton, James E. Bock, Assts. U. S. Attys., for respondent-appellee.

Before WISDOM, COLEMAN, and

SIMPSON, Circuit Judges.

PER CURIAM:

A jury convicted Horace Lemar Edwards of unlawfully carrying a pistol and of armed robbery on a military reservation. The same jury convicted Ronald Clifton on two counts of robbery at the same location as well as unlawfully carrying a pistol thereon, 18 U.S.C., § 13; Art. 1408 Vernon's Ann. Texas Penal Code. We reverse, and remand for a new trial.

The case for the prosecution rested upon identification furnished...

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