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UNITED STATES v. DAVIS

Nos. 76-2127, 76-2128.

578 F.2d 277 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Eddie Lee DAVIS and Pearlie Mae Davis, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided June 15, 1978.

Rehearing Denied July 18, 1978.

Attorney(s) appearing for the Case

Thomas DeCoursey, Kansas City, Kan., for defendants-appellants.

Douglas B. Comer, Asst. U. S. Atty., Topeka, Kan. (E. Edward Johnson, U. S. Atty., Topeka, Kan., and Richard L. Hathaway, Asst. U. S. Atty., Kansas City, Kan., on brief), for plaintiff-appellee.

Before McWILLIAMS, BREITENSTEIN and McKAY, Circuit Judges.

McKAY, Circuit Judge.

Eddie Lee Davis and his wife Pearlie Mae Davis seek reversal of their convictions for introducing contraband and conspiring to introduce contraband into the United States Penitentiary at Leavenworth, Kansas, in violation of 18 U.S.C. §§ 371, 1791, 1792. They raise three issues on appeal. The first claim is that the government, in a prior trial of Mr. Davis which ended in a mistrial and which...

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