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UNITED STATES v. SMITH

No. 78-5447.

605 F.2d 839 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Hugh Don SMITH, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 31, 1979.

Attorney(s) appearing for the Case

Jon B. Wood, Lafayette, Ga. (Court-appointed), Cliffe Lane Gort, Atlanta, Ga., for defendant-appellant.

C. Michael Abbott, Asst. U. S. Atty., Atlanta, Ga., Sara B. Criscitelli, Atty., Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before WISDOM, AINSWORTH and RONEY, Circuit Judges.

WISDOM, Circuit Judge:

Hugh Don Smith was indicted on 120 counts of receiving, transporting, and selling stolen motor vehicles, in violation of 18 U.S.C. §§ 2312, 2313, and 2. His first trial ended in a mistrial when the jury was unable to reach a verdict. On his second trial the jury convicted Smith of eighty counts. On appeal, Smith contends that the district court's refusal to give him a free, full transcript of the first trial violated his right to equal...

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