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UNITED STATES v. SIMMONS

No. 73-2664.

503 F.2d 831 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Joe E. SIMMONS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 6, 1974.

Attorney(s) appearing for the Case

Allen I. Hirsch, Atlanta, Ga., for defendant-appellant.

William J. Schloth, U. S. Atty., E. Ray Taylor, Jr., Asst. U. S. Atty., Macon, Ga., for plaintiff-appellee.

Before GEWIN, THORNBERRY and SIMPSON, Circuit Judges.

SIMPSON, Circuit Judge:

Appellant, Joe E. Simmons, was convicted on two counts of furnishing false statements to a federal land bank in violation of Title 18, U.S.C., Section 1014.1 He appeals on the following four grounds: (1) certain damaging testimony as to a prior occurrence should not have been admitted into evidence at trial; (2) a jury instruction regarding "accomplice" testimony should not have been given; (3) the insufficiency...

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