No. 74-1322.

514 F.2d 923 (1975)

Forrest Wayne CLICQUE, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 9, 1975.

Attorney(s) appearing for the Case

James Chrisman Phillips, Austin, Tex. (Court-appointed), for petitioner-appellant.

William F. Sanderson, Jr., Asst. U. S. Atty., Dallas, Tex., for respondent-appellee.

Before GOLDBERG and RONEY, Circuit Judges, and LYNNE, District Judge.

GOLDBERG, Circuit Judge:

The indictment in the present case tells all that needs to be known of the case's pre-trial posture. A Grand Jury in the Northern District of Texas charged:

On or about October 2, 1972, in the Dallas Division of the Northern District of Texas, FORREST W. CLICQUE, defendant, knowingly did use the mails for mailing, carriage in the mails and delivery of non-mailable matter, that is a certain envelope addressed to . . . and containing...

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