UNITED STATES v. SCHEXNAYDER

No. 71-1817. Summary Calendar.

472 F.2d 116 (1973)

UNITED STATES of America, Plaintiff-Appellant, v. Llwelyn Joseph SCHEXNAYDER and John Edward Miller, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 11, 1973.


Attorney(s) appearing for the Case

Gerald J. Gallinghouse, U. S. Atty., Patrick C. McGinity, Mary William Cazalas, Asst. U. S. Attys., New Orleans, La., for plaintiff-appellant.

Joel T. Chaisson, Luling, La., for Schexnayder.

Alfred F. McCaleb, III, Baton Rouge, La. (Court appointed), for Miller.

Before BELL, DYER and CLARK, Circuit Judges.


PER CURIAM:

This appeal was taken by the government pursuant to 18 U.S.C.A. § 3731 (Supp.1972) from an order suppressing evidence. The trial court originally suppressed the confession of the defendant Schexnayder, together with other evidence in the case. However, this order was amended so as to suppress only the confession after this court remanded the matter to the district court for additional findings of fact and conclusions of law. The only issue left in...

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