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UNITED STATES v. SMITH

No. 75-3333.

550 F.2d 277 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Fred LaCoy SMITH and Woodrow Wilson Wallace, Jr., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

April 8, 1977.

Attorney(s) appearing for the Case

Ralph Kennamer, Mobile, Ala., for Smith.

Donald W. Briskman, Mobile, Ala. (Court-appointed), for Wallace.

Charles S. White-Spunner, Jr., U. S. Atty., Elmond Thurmond Rolison, Jr., Asst. U. S. Atty., Mobile, Ala., for plaintiff-appellee.

Before MORGAN and FAY, Circuit Judges, and HUNTER, District Judge.

FAY, Circuit Judge:

In May of 1975 the defendants, Fred LaCoy Smith, Woodrow Wilson Wallace, and Robert Moore, were charged in a thirty-seven count indictment with misapplication of federal funds and conspiracy. [18 U.S.C. §§ 371, 665(a), 1001] All three pleaded not guilty and the trial of the case commenced on July 14, 1975. Approximately two weeks into the case a severance was granted as to defendant Moore and...

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