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UNITED STATES v. HINKSON

No. 80-5008.

632 F.2d 382 (1980)

UNITED STATES of America, Appellee, v. Frederick Robert HINKSON a/k/a "Crazy Fred," Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 17, 1980.

Attorney(s) appearing for the Case

E. Lynn Johnson, Fayetteville, N. C. (Blackwell, Thompson, Swaringen, Johnson & Thompson, P.A., Fayetteville, N. C., on brief), for appellant.

Wallace W. Dixon, Asst. U. S. Atty., (George M. Anderson, U. S. Atty. and John M. Owens, Asst. U. S. Atty., Raleigh, N. C., on brief), for appellee.

Before WINTER, BUTZNER, and MURNAGHAN, Circuit Judges.

WINTER, Circuit Judge:

This appeal concerns the admissibility of a third-party confession by a certain Frank Minott ("Stretch") which was proffered through the defense testimony of Teiesa Neal in the homicide prosecution of Frederick Hinkson ("Crazy Fred"). Minott had himself testified before the jury and denied that he had confessed to Neal. The district court ruled the confession inadmissible and Hinkson was found guilty. He appeals and we affirm.

I.

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