UNITED STATES v. ALVAREZ

No. 77-5487.

584 F.2d 694 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Gilberto Pablo ALVAREZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 20, 1978.


Attorney(s) appearing for the Case

Nago L. Alaniz, San Diego, Tex., for defendant-appellant.

J. A. Canales, U.S. Atty., George A. Kelt, Jr., Asst. U.S. Atty., Houston, Tex., John Patrick Smith, Asst. U.S. Atty., Brownsville, Tex., James R. Gough, Asst. U.S. Atty., Houston, Tex., for plaintiff-appellee.

Before GODBOLD, SIMPSON and MORGAN, Circuit Judges.


LEWIS R. MORGAN, Circuit Judge:

The appellant, Gilberto Alvarez, was convicted of heroin trafficking charges1 by the words of a dead man. The decedent's statements allegedly implicating Alvarez were heard only by Lopez, the prosecution's principal witness, who had earlier pled guilty to narcotics charges and received probation. In addition to other alleged trial errors, the appellant urges that Lopez' in-court testimony of the out-of-court...

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