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UNITED STATES v. WALLER

No. 79-1211.

607 F.2d 49 (1979)

UNITED STATES of America v. Herman WALLER, Appellant.

United States Court of Appeals, Third Circuit.

Decided October 5, 1979.

Attorney(s) appearing for the Case

Russell J. Ober, Jr., Maureen I. Dunn Harvey (argued), Wallace, Chapas & Ober, Pittsburgh, Pa., for appellant.

Robert J. Cindrich, U. S. Atty., Faye M. Gardner, Asst. U. S. Atty., Edward J. Schwabenland (argued), Asst. U. S. Atty., Pittsburgh, Pa., for appellee.

Before SEITZ, Chief Judge, and GIBBONS and HIGGINBOTHAM, Circuit Judges.

PER CURIAM.

The appellant, Herman Waller, was charged with possessing stolen mail, forging a government check and uttering the forged check in violation of 18 U.S.C. §§ 1708, 495 and 2. He was found guilty by a jury on all three counts. He argues that the trial judge's question in the presence of the jury on whether the appellant was going to testify constituted plain error. He also challenges the trial judge's charge...

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