UNITED STATES v. MULLINS

No. 77-5254 Summary Calendar.

562 F.2d 999 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Brady Barry MULLINS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 11, 1977.


Attorney(s) appearing for the Case

Robert J. Evans, Rome, Ga. (Court-appointed), for defendant-appellant.

Wm. L. Harper, U. S. Atty., James E. Baker, Asst. U. S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before GOLDBERG, CLARK, and FAY, Circuit Judges.


PER CURIAM:

This appeal presents the question whether a defendant's fugitive status tolls the provisions of Rule 609(b) of the Federal Rules of Evidence, which govern the admission of prior convictions for impeachment of witnesses where the witness was released from confinement more than 10 years before the trial where the prior conviction is sought to be introduced. The district court found that the defendant's flight tolled the limitation. We agree.

The...

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