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UNITED STATES v. MOON

Nos. 73-1529, 73-1532.

491 F.2d 1047 (1974)

UNITED STATES of America, Plaintiff-Appellant, v. Michael John MOON, Defendant-Appellee (two cases).

United States Court of Appeals, Fifth Circuit.

March 29, 1974.

Attorney(s) appearing for the Case

John L. Briggs, U. S. Atty., Jacksonville, Fla., Claude H. Tison, Jr., Asst. U. S. Atty., Tampa, Fla., for plaintiff-appellant.

David G. Hanlon, Tampa, Fla. (court-appointed), for defendant-appellee.

Before GODBOLD, DYER and GEE, Circuit Judges.

GODBOLD, Circuit Judge:

The defendant Moon was indicted on a federal bank robbery charge. At his first trial a telephone company repairman testified to inadvertently plugging in to a conversation in which one of those engaged in the conversation related his part in the bank robbery. The repairman had reported the conversation to a telephone company security officer and later related it to the FBI, and the call was traced to a woman. She testified at Moon's first trial...

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