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UNITED STATES v. GIPSON

No. 78-5507 Summary Calendar.

593 F.2d 7 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Franklin D. GIPSON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 10, 1979.

Attorney(s) appearing for the Case

Lawrence A. Anderson, Huntsville, Ala. (Court-appointed), for defendant-appellant.

J. R. Brooks, U. S. Atty., Michael V. Rasmussen, Asst. U. S. Atty., Birmingham, Ala., for plaintiff-appellee.

Before GOLDBERG, RONEY and TJOFLAT, Circuit Judges.

PER CURIAM:

Franklin Delano Gipson, the appellant, was convicted in a two-count indictment of violating 18 U.S.C. §§ 659 and 2 (1976).1 Gipson's defense was an alibi. In this appeal, he claims the prosecutor committed reversible error (1) in questioning him, on cross-examination, about some missing alibi witnesses and (2) in commenting, in closing argument to the jury, on Gipson's failure to call those witnesses before the jury...

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