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GOVERNMENT OF THE CANAL ZONE v. P. (PINTO)

Nos. 78-5102, 78-5103.

590 F.2d 1344 (1979)

GOVERNMENT OF The CANAL ZONE, Plaintiff-Appellee, v. Ruben Antonio Yanez P. (PINTO), Defendant-Appellant. GOVERNMENT OF The CANAL ZONE, Plaintiff-Appellee, v. David Rouse U. (UWEIL), Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 8, 1979.

Attorney(s) appearing for the Case

Roger I. Dallam (Court Appointed) Gretna, La., for defendant-appellant in No. 78-5102.

Frank J. Violanti, U. S. Atty., Wallace D. Baldwin, Asst. U. S. Atty., Balboa, Canal Zone, for plaintiff-appellee.

Edna Sakir Morgan, Court Appointed, New Orleans, La., for defendant-appellant in No. 78-5103.

Before WISDOM, GODBOLD and TJOFLAT, Circuit Judges.

WISDOM, Circuit Judge:

R. A. Yanez P. (Pinto) and D. Rouse U. (Uweil), the defendant-appellants, were convicted of assault with intent to rob. The evidence identifying them as the assailants consisted in part of hearsay statements made by the two victims at a preliminary hearing. These statements were introduced under the Canal Zone codal provisions regulating the use of deposition testimony of absent witnesses. Because the government made no showing that it was unable...

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