UNITED STATES v. VANDIVERE

No. 77-1810.

579 F.2d 1240 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. James Dow VANDIVERE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided August 4, 1978.


Attorney(s) appearing for the Case

Terrill V. Landrum of Eversole & Settle, Muskogee, Okl., for defendant-appellant.

Richard A. Pyle, U. S. Atty., and John R. Osgood, Asst. U. S. Atty., Muskogee, Okl., for plaintiff-appellee.

Before DOYLE, McKAY, and LOGAN, Circuit Judges.


LOGAN, Circuit Judge.

This is an appeal by James Dow Vandivere from a conviction by a jury on one count of a two-count indictment under 18 U.S.C. § 641 for theft of government property from a Federal Aviation Administration (FAA) VOR facility in Oklahoma. Vandivere was sentenced to a term of 18 months.

Three contentions are pressed upon appeal, alleging error by the trial judge: 1) In allowing defendant and his counsel only access to a tape recording...

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