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UNITED STATES v. MARRIFIELD

No. 73-3464.

515 F.2d 877 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Waring MARRIFIELD, John Hobart McEarchern, Roy Wayne Nelson, Sam Lee Presley, Joseph Paul Poulos, Jr., and Albert Lowry Slaughter, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 29, 1975.

Attorney(s) appearing for the Case

Thomas M. Haas, Mobile, Ala. (Court-appointed), for Marrifield, McEarchern, Poulos, Slaughter.

John G. Corlew, Pascagoula, Miss., for Poulos on rehearing.

Fielding L. Wright, Pascagoula, Miss., for Marrifield on rehearing.

Charles White-Spunner, U. S. Atty., Irwin W. Coleman, Jr., Asst. U. S. Atty., Mobile, Ala., for plaintiff-appellee.

Before AINSWORTH, GODBOLD and SIMPSON, Circuit Judges.

SIMPSON, Circuit Judge:

A jury found the six appellants, Robert Waring Marrifield, John Hobart McEarchern, Roy Wayne Nelson, Sam Lee Presley, Joseph Paul Poulos, Jr. and Albert Lowry Slaughter guilty of unlawfully conducting a gambling business, in violation of Title 18, U.S.C., Section 1955.1 We find all specifications of error to lack merit and affirm.

The points urged on appeal include, (1) that the prosecution failed to establish...

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