UNITED STATES v. RIXNER

No. 75-4269.

548 F.2d 1224 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Elliott RIXNER, Benjamin Jones, Jr., and Anthony Lowery, a/k/a "Sugar Bear", Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

March 18, 1977.


Attorney(s) appearing for the Case

Michael H. Ellis, New Orleans, La. (Court-appointed), for Rixner.

John Volz, Federal Public Defender, John T. Mulvehill, Louis Moore, Jr., Asst. Federal Public Defenders, New Orleans, La., for Jones.

Arthur L. Harris, Sr., New Orleans, La. (Court-appointed), for Lowery.

Gerald J. Gallinghouse, U. S. Atty., Mary Williams Cazalas, Asst. U. S. Atty., New Orleans, La., for plaintiff-appellee.

Before BROWN, Chief Judge, and HILL and FAY, Circuit Judges.


FAY, Circuit Judge:

From a conviction of conspiracy to possess with intent to distribute heroin, in violation of Title 21, U.S.C. Section 846, defendants appeal based on several evidentiary matters. Finding no reversible error, we affirm. Two of the many assignments of error warrant discussion.

Appellants complain that the trial court allowed into evidence and displayed to the jury Government Exhibits 14-18, which were photographs of five black males showing...

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