UNITED STATES v. MOTON

No. 73-2456 Summary Calendar.

493 F.2d 30 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Webster MOTON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 26, 1974.


Attorney(s) appearing for the Case

Harry B. Adams, III, San Antonio, Tex. (Court-appointed), for White.

Walter F. Rudeloff, San Antonio, Tex. (Court-appointed) for Williams.

James R. Gillespie, San Antonio, Tex. (Court-appointed) for Moton.

William S. Sessions, U. S. Atty., Wayne F. Speck, Asst. U. S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before GEWIN, GODBOLD and CLARK, Circuit Judges.


PER CURIAM:

Defendant Moton was charged in a two count indictment with conspiracy to maliciously firebomb government property, under 18 U.S.C. § 371 (1970), and with the substantive offense under 18 U.S.C. § 844(f) (Supp.1973). At the close of the Government's case, the court sua sponte dismissed as defective the count charging him with the substantive offense. The jury found him guilty on the conspiracy charge. On appeal, he claims that two infirmities...

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