UNITED STATES v. KILGEN

No. 27424.

445 F.2d 287 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Robert H. KILGEN, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 25, 1971.


Attorney(s) appearing for the Case

Robert L. Parks, court appointed, Miami, Fla., for defendant-appellant.

Lloyd G. Bates, Jr., Asst. U. S. Atty., Robert W. Rust, U. S. Atty., Miami, Fla., Will Wilson, Asst. Atty. Gen., Crim. Div., Dept. of Justice, Washington, D. C., William A. Meadows, Jr., U. S. Atty., Miami, for plaintiff-appellee.

Before BROWN, Chief Judge, and TUTTLE and MORGAN, Circuit Judges.


LEWIS R. MORGAN, Circuit Judge:

In our initial decision in this case, United States v. Kilgen, 5 Cir., 1970, 431 F.2d 627, we held that evidence was erroneously admitted against appellant Kilgen because the vagrancy statute under which he was arrested was unconstitutional. However, upon further consideration, we have decided to grant the government's motion for rehearing and withdraw that portion of the opinion which held the confession...

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