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UNITED STATES v. SAMS

No. 72-1781.

470 F.2d 751 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. John Newton SAMS a/k/a Adolphus John Sams, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 19, 1972.

Attorney(s) appearing for the Case

Donald W. Matthews, Jacksonville, Fla. (court appointed), for defendant-appellant.

John L. Briggs, U. S. Atty., Peter L. Dearing, Asst. U. S. Atty., Jacksonville, Fla., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, and TUTTLE and INGRAHAM, Circuit Judges.

TUTTLE, Circuit Judge:

The principal, and only serious, contention made by Sams on his appeal from a conviction and sentence for falsely forging a United States Government check in violation of Title 18 U.S.C.A. § 495, deals with the manner in which the trial court permitted the accused to exercise his peremptory challenges during the empanelling of the jury.

The issue arose in the following manner: The trial...

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