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UNITED STATES v. COLE

Nos. 73-1509, 73-1510.

491 F.2d 1276 (1974)

UNITED STATES of America, Appellee, v. Earl Franklin COLE, Appellant. UNITED STATES of America, Appellee, v. Catherine Jean BAKER, a/k/a Catherine Jean Gault, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 21, 1974.

Attorney(s) appearing for the Case

Warren E. Magee, Washington, D. C., for appellant Earl Franklin Cole.

Albert J. Ahern, Jr., Baileys Crossroads, Va., for appellant Catherine Jean Baker.

Thomas K. Moore and Joseph A. Fisher, Asst. U. S. Attys. (Brian P. Gettings, U. S. Atty., and David H. Hopkins, Asst. U. S. Atty., on brief) for appellee United States.

Before BOREMAN, Senior Circuit Judge, and CRAVEN and FIELD, Circuit Judges.

PER CURIAM:

Tried by a jury, Earl Franklin Cole, a former General of the United States Army, and Catherine Jean Gault, a former civilian employee of the Army, were convicted on eight counts of a fourteen count indictment which had been returned against them. After a careful examination of the record we are convinced that the General and Gault did not receive a fair trial and, accordingly, that their convictions must be set aside. We further conclude that there was...

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