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UNITED STATES v. WHITE

No. 78-5023.

583 F.2d 899 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Leroy WHITE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided September 19, 1978.

Attorney(s) appearing for the Case

Eric Akers, Plymouth, Ohio (court-appointed), for defendant-appellant.

William D. Beyer, U. S. Atty., James D. Jensen, Asst. U. S. Atty., Toledo, Ohio, for plaintiff-appellee.

Before PHILLIPS, Chief Judge, LIVELY, Circuit Judge, and PECK, Senior Circuit Judge.

PHILLIPS, Chief Judge.

The issue in this case is whether the district court abused its discretion in not permitting an alibi witness to testify at appellant's trial even though appellant failed to comply with the notice provisions of Fed.R.Crim.P. 12.1 (hereinafter Rule 12.1).1 We hold that the district judge did not abuse his discretion and affirm the conviction.

An indictment was returned against appellant charging him with bank...

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