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GOVERNMENT OF CANAL ZONE v. PEACH

No. 78-5414.

602 F.2d 101 (1979)

GOVERNMENT OF the CANAL ZONE, Plaintiff-Appellee, v. Samuel Gene PEACH, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 10, 1979.

Attorney(s) appearing for the Case

Arthur J. O'Donnell, Chicago, Ill., Daniel D. Douglas, Balboa, Canal Zone, for plaintiff-appellee.

Frank J. Violanti, U. S. Atty., William H. Beatty, Asst. U. S. Atty., Balboa, Canal Zone, Mervyn Hamburg, U. S. Dept. of Justice, Washington, D. C., for defendant-appellant.

Before SIMPSON, TJOFLAT and HILL, Circuit Judges.

TJOFLAT, Circuit Judge:

Samuel Gene Peach appeals his conviction for the first degree murder of Ruby Gutierrez. He contends that a confession introduced at trial was obtained from him in violation of his right to counsel under the sixth amendment and rule 44 of the Federal Rules of Criminal Procedure. Finding no reversible error in the proceedings below, we affirm the conviction.

I

During the early evening hours of December 29, 1977, Bertha Rubiella...

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