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UNITED STATES v. THOMAS

No. 77-5157.

571 F.2d 285 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Rowland Chester THOMAS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 13, 1978.

Attorney(s) appearing for the Case

Maurice S. Bell, George W. Cameron, Jr., Montgomery, Ala., for defendant-appellant.

Barry E. Teague, U. S. Atty., D. Broward Segrest, First Asst. U. S. Atty., David L. Allred, Asst. U. S. Atty., Montgomery, Ala., for plaintiff-appellee.

Before GODBOLD, HILL and FAY, Circuit Judges.

GODBOLD, Circuit Judge:

This case requires us to consider the dimensions of Federal Rule of Evidence 804(b)(3), which excepts from the hearsay rule statements against penal interest made by a declarant whose testimony is unavailable at trial. The appellant, Thomas, was tried for bank robbery jointly with Weeks. At trial Thomas sought to place a U.S. Magistrate on the stand to testify that Weeks, at the close of the preliminary hearing for all those indicted in the...

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