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UNITED STATES v. WISENER

No. 74-1355 Summary Calendar.

494 F.2d 516 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Carles Oliver WISENER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 28, 1974.

Attorney(s) appearing for the Case

James T. Gullage, Opelika, Ala. (Court-appointed), for defendant-appellant.

Ira DeMent, U. S. Atty., David B. Byrne, Jr., Wade B. Perry, Jr., Asst. U. S. Attys., Montgomery, Ala., for plaintiff-appellee.

Before COLEMAN, DYER and RONEY, Circuit Judges.

PER CURIAM:

The question posed on appeal is whether defense counsel should have been allowed to see and examine a file held by an FBI agent witness and referred to during his testimony.

The only point in the trial where this question was raised and the only reference to the matter in the record is reflected in the following colloquy:

CROSS EXAMINATION BY MR. GULLAGE: Q. Mr. Roth, I noticed while you were testifying you were referring...

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