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UNITED STATES v. PREJEAN

No. 73-2988.

494 F.2d 495 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Paul Merville PREJEAN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 23, 1974.

Attorney(s) appearing for the Case

Anthony C. Aguilar, Dick Stengel, El Paso, Tex., for defendant-appellant.

William Sessions, U. S. Atty., San Antonio, Tex., Edward S. Marquez, Ronald F. Ederer, William B. Hardie, Jr., Asst. U. S. Attys., El Paso, Tex., for plaintiff-appellee.

Before JONES, THORNBERRY and COLEMAN, Circuit Judges.

THORNBERRY, Circuit Judge:

In this direct criminal appeal Prejean challenges his conviction for burglarizing a house on a military reservation in violation of the Assimilative Crimes Act.1 After careful examination of the case, we conclude that the evidence fails to substantiate the indictment's burglary accusation, and we reverse.

I.

Viewing the evidence in the light most favorable to the Government, the operative facts...

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