UNITED STATES v. GUNTER

Nos. 75-1726 thru 75-1732.

546 F.2d 861 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Homer Foye GUNTER et al., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided December 22, 1976.

Rehearings Denied February 4, 1977.


Attorney(s) appearing for the Case

David L. Russell, U. S. Atty., and John E. Green, First Asst. U. S. Atty., Oklahoma City, Okl., for plaintiff-appellee.

John C. Williams, Oklahoma City, Okl. (Robert L. Wheeler, Oklahoma City, Okl., on the brief), for Homer Foye Gunter and Herbert Ray Billings, defendants-appellants.

Charles W. Stubbs, Oklahoma City, Okl. (Stubbs, Stiner & Pace, Oklahoma City, Okl., of counsel, on the brief), for Billy Wayne Myers, defendant-appellant.

John P. Smith, Oklahoma City, Okl. (Oyler & Smith, Oklahoma City, Okl., on the brief), for Michael Eugene Lamb, defendant-appellant.

Robert B. Smith, Oklahoma City, Okl. (Bloodworth, Smith & Biscone, Oklahoma City, Okl., on the brief), for Robert Haynes, defendant-appellant.

William W. Wiles, Jr., Oklahoma City, Okl., for Jimmy Ray Keeton and Paul Dean Quick, defendants-appellants.

Before HOLLOWAY, McWILLIAMS and BARRETT, Circuit Judges.


McWILLIAMS, Circuit Judge.

These seven appeals were separately briefed, but companioned for oral argument, and will be treated in one opinion. All arise out of a criminal prosecution for the theft of tires from an interstate shipment. Originally there were nine defendants. One defendant, Sherman Olive, agreed to testify, and did in fact testify, for the Government, and was not himself brought to trial. Another defendant, Thomas Lee, has not appealed his conviction...

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