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UNITED STATES v. SCHRIMSHER

No. 73-2627.

493 F.2d 848 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. David SCHRIMSHER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 3, 1974.

Attorney(s) appearing for the Case

Charles D. Butts, San Antonio, Tex., for defendant-appellant.

William Sessions, U. S. Atty., Wayne E. Speck, Asst. U. S. Atty., James W. Kerr, Jr., San Antonio, Tex., for plaintiff-appellee.

Before RIVES, GEWIN and RONEY, Circuit Judges.

RIVES, Circuit Judge:

After a jury trial, David Schrimsher was convicted on a one-count indictment which charged him with wire tapping in violation of 18 U.S.C. § 2511(1)(a).1 Schrimsher was sentenced to a three-year indeterminate sentence under 18 U.S.C. § 4208(a) (2), and he appeals. We affirm.

I.

At about one o'clock on the afternoon of July 16, 1972, Jane Roberts...

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