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UNITED STATES v. BEECHUM

No. 76-1444.

582 F.2d 898 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Orange Jell BEECHUM, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 25, 1978.

Attorney(s) appearing for the Case

J. Waddy Bullion (Court-appointed), G. Luke Ashley, Dallas, Tex., for defendant-appellant.

Kenneth J. Mighell, U. S. Atty., Fort Worth, Tex., Judith A. Shepherd, Asst. U. S. Atty., Dallas, Tex., Mervyn Hamburg, Atty., U. S. Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before BROWN, Chief Judge, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, SIMPSON, MORGAN, CLARK, RONEY, GEE, TJOFLAT, HILL, FAY, RUBIN and VANCE, Circuit Judges.

TJOFLAT, Circuit Judge:

This case comes before the court en banc for reconsideration of this circuit's doctrine on the admissibility of offenses extrinsic to a defendant's indictment to prove his criminal intent.1 That doctrine, deriving in part from the case of United States v. Broadway, 477 F.2d 991 (5th Cir. 1973), requires that the essential physical...

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