UNITED STATES v. HENDERSON

No. 76-4325.

565 F.2d 900 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. John Arthur HENDERSON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 6, 1978.


Attorney(s) appearing for the Case

Marvin Jones, Dallas, Tex. (court-appointed), for defendant-appellant.

Kenneth J. Mighell, U. S. Atty., Judith A. Shepherd, H. Jay Ethington, Asst. U. S. Attys., Dallas, Tex., for plaintiff-appellee.

Before THORNBERRY, Circuit Judge, SKELTON, Senior Judge, and HILL, Circuit Judge.


SKELTON, Senior Judge.

Appellant, John Arthur Henderson, was convicted on an indictment charging him with possession of a small amount of marijuana in violation of 21 U.S.C. § 844(a), and was sentenced to a term of one year's imprisonment to run consecutively to the sentence he was then serving. He contends on appeal that the trial court erred in failing to declare a mistrial when the district attorney in his closing argument to the jury commented on appellant...

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