UNITED STATES v. WOOD

No. 71-2943.

458 F.2d 1351 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Eddie WOOD, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 20, 1972.


Attorney(s) appearing for the Case

Harry Lee Hudspeth, El Paso, Tex. (court appointed), for defendant-appellant.

Seagal V. Wheatley, former U. S. Atty., Edward S. Marquez, Asst. U. S. Atty., El Paso, Tex., William S. Sessions, U. S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before WISDOM, GOLDBERG and CLARK, Circuit Judges.


PER CURIAM:

Appellant, Eddie Wood, was convicted by a jury of transporting a stolen automobile in interstate commerce in violation of 18 U.S.C.A. § 2312 and sentenced to five years' imprisonment. We reverse his conviction because of a defect in the trial court's charge to the jury.

In a portion of the charge the trial judge instructed the jury as follows: "Now, if you accept and believe the testimony, evidence, theories offered by the Government in this...

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