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UNITED STATES v. AHERN

Nos. 78-1730, 78-1731.

612 F.2d 507 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. John Joseph AHERN and Carl Eugene Hines, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided January 3, 1980.

Attorney(s) appearing for the Case

James E. Edmondson, Asst. U. S. Atty., Muskogee, Okl. (Julian K. Fite, U. S. Atty., Muskogee, Okl., on brief), for plaintiff-appellee.

James D. Wadley, McAlester, Okl. (Gene Stipe of Stipe, Gossett, Stipe, Harper & Estes, McAlester, Okl., on brief), for defendants-appellants.

Before McWILLIAMS, BREITENSTEIN and LOGAN, Circuit Judges.

McWILLIAMS, Circuit Judge.

Ahern and Hines were each convicted by a jury on charges of conspiracy, 18 U.S.C. § 371, violation of the Mann Act, 18 U.S.C. § 2421, and violation of the Travel Act, 18 U.S.C. § 1952(a)(3). On appeal both defendants raise essentially the same matter: (1) permitting the wives of the two defendants to testify against the defendants over the latters' objections; (2) refusal of the district court to grant a new trial when a prosecution...

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