No. 74-3566.

514 F.2d 92 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Walter Berry JOHNSON, a/k/a Buddy Johnson, and Robert Paul Estabrook, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 29, 1975.

As Amended on Denial of Rehearing July 21, 1975.

Attorney(s) appearing for the Case

O. Torbitt Ivey, Jr., Augusta, Ga. (Court appointed), for Johnson.

Larry E. Maioriello, Augusta, Ga. (Court appointed), for Estabrook.

R. Jackson B. Smith, Jr., U.S. Atty., Elizabeth C. Calhoun, Asst. U.S. Atty., Augusta, Ga., for plaintiff-appellee.

Before GIBSON, THORNBERRY and AINSWORTH, Circuit Judges.

THORNBERRY, Circuit Judge:

Roger Lewis Marchant and Lawrie Cantrell, both members of the United States Army stationed at Fort Gordon, Georgia, spent the evening of March 12, 1974 in nearby Augusta, Georgia. They were waiting for the 11:50 p. m. bus back to Fort Gordon when Robert Paul Estabrook approached them, offering to drive them back to the base. The couple accepted and got into the back seat of his car. A few minutes later, Walter Berry Johnson joined the three...

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