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UNITED STATES v. THOMPSON

No. 71-1136 Summary Calendar.

443 F.2d 336 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Frank Arnold THOMPSON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 20, 1971.

Attorney(s) appearing for the Case

John McQuigg, Tampa, Fla., for defendant-appellant.

John L. Briggs, U. S. Atty., Hugh N. Smith, Asst. U. S. Atty., Tampa, Fla., for plaintiff-appellee.

Before BELL, AINSWORTH, and GODBOLD, Circuit Judges.

BELL, Circuit Judge:

Appellant was tried to a jury and convicted on a plea of not guilty of receiving and concealing a stolen automobile moving in interstate commerce. Title 18 U.S.C.A. § 2312. This appeal followed.

There are two assignments of error. One is not likely to recur and thus decision as to it will be pretermitted. The other is controlling and requires reversal.

Appellant testified at some length as a part of his defense. The indictment...

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