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UNITED STATES v. MORRIS

No. 73-2533 Summary Calendar.

485 F.2d 1385 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Charles Richard MORRIS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 18, 1973.

Attorney(s) appearing for the Case

Herbert Green, Jr., Dallas, Tex., for defendant-appellant.

Frank D. McCown, U. S. Atty., Ft. Worth, Tex., W. E. Smith, Asst. U. S. Atty., Ft. Worth, Tex., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, and DYER and SIMPSON, Circuit Judges.

SIMPSON, Circuit Judge:

Appellant Morris was indicted, tried and convicted in the district court for violation of Title 18, U.S.C. § 659, possession of goods stolen from an interstate shipment, twenty-two pairs of men's slacks. During the trial one of the government witnesses was stricken while on the stand and died a short time later the same day. Appellant moved for a mistrial. The motion was denied, a guilty verdict ensued and Morris was sentenced to a suspended...

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