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UNITED STATES v. KIRK

No. 75-1278.

528 F.2d 1057 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Franklin David KIRK, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 19, 1976.

Attorney(s) appearing for the Case

James E. Monnig, San Antonio, Tex. (Court appointed), for defendant-appellant.

John E. Clark, U.S. Atty., San Antonio, Tex., John M. Pinckney, III, W. Ray Jahn, Asst. U.S. Attys., for plaintiff-appellee.

Before BROWN, Chief Judge, RIVES and GEE, Circuit Judges.

RIVES, Circuit Judge:

Franklin David Kirk was convicted on a one-count indictment charging him with violation of 18 U.S.C. § 8711 for threatening the life of the President of the United States of America. The district court imposed the maximum sentence of five years' imprisonment. Kirk appeals claiming reversible error: (1) in admitting into evidence his prior conviction under 18 U.S.C. § 871; (2) in admitting into evidence the...

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