UNITED STATES v. McCANN

No. 71-2848.

465 F.2d 147 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Patrick W. McCANN, III and Jon Joseph Kelly, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied July 21, 1972.


Attorney(s) appearing for the Case

Emmett Colvin, Jr., Dallas, Tex., for McCann.

Lawrence B. Mitchell, Charles W. Tessmer, Ronald L. Goranson, Frank S. Wright, Dallas, Tex., for Kelly.

Eldon B. Mahon, U. S. Atty., Andrew Barr, Asst. U. S. Atty., Dallas, Tex., for plaintiff-appellee.

Before RIVES, COLEMAN and DYER, Circuit Judges.


Rehearing and Rehearing En Banc Denied July 21, 1972.

COLEMAN, Circuit Judge:

The appellants, Jon Joseph Kelly and Patrick McCann, III, were both charged in each count of a four count indictment with unlawfully intercepting and endeavoring to intercept wire communications in November and December, 1969, and January, 1970, originating from telephones at four Dallas area residences, all in violation of 18 U.S.C. § 2511(1) (a).

Both appellants pleaded...

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