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UNITED STATES v. WEST

No. 71-3427 Summary Calendar.

459 F.2d 1040 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Olan WEST, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 23, 1972.

Attorney(s) appearing for the Case

Jim T. Bennett, Jr., Jim T. Bennett, Jr. and Associates, Valdosta, Ga., for defendant-appellant.

William J. Schloth, U. S. Atty., J. Reese Franklin, Asst. U. S. Atty., Macon, Ga., for plaintiff-appellee.

Before GEWIN, AINSWORTH and SIMPSON, Circuit Judges.

PER CURIAM:

A jury found Olan West guilty of illegal possession and sale of distilled spirits (whiskey) in violation of 26 U.S.C. §§ 4205(a) (2) and 5604(a). In his appeal West contends that the District Court erred in refusing to permit a Government witness to answer certain questions on cross-examination; also in the Trial Judge allegedly acting as an advocate for the United States. The record shows that West's counsel attempted to ask the witness if he...

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