UNITED STATES v. BREEDLOVE

No. 29542.

444 F.2d 422 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Mathew James BREEDLOVE et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 30, 1971.


Attorney(s) appearing for the Case

Buddy Stevens, Houston, Tex., for Breedlove, Reed and Lundy.

Seagal V. Wheatley U. S. Atty., Jeremiah Handy, Asst. U. S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before COLEMAN, INGRAHAM and WILKEY, Circuit Judges.


INGRAHAM, Circuit Judge:

Defendants Breedlove, Reed and Lundy, having waived their right to trial by jury, were tried by the court and convicted of robbing the Citizens National Bank of Austin, Texas, in violation of Title 18 U.S.C. § 2113(a), (b), (d).

The three named defendants now appeal from the judgments of conviction asserting that their arrest was illegal for lack of probable cause and the trial court's admission into evidence, over objection,...

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