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UNITED STATES v. WERTZ

Nos. 79-5276, 79-5277 and 79-5332.

625 F.2d 1128 (1980)

UNITED STATES of America, Appellee, v. Guy Stephen WERTZ, Appellant. UNITED STATES of America, Appellee, v. George William VAUGHN, Appellant. UNITED STATES of America, Appellee, v. Thomas Jefferson CLYBURN, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 2, 1980.

Attorney(s) appearing for the Case

O. W. Bannister, Jr., Greenville, S.C., for appellant in No. 79-5276.

Will T. Dunn, Jr., Greenville, S.C., for appellant in No. 79-5277.

Charles V. Bell and Donald James Sampson, Greenville, S.C., on brief, for appellant in No. 79-5332.

William A. Coates, Asst. U.S. Atty., Greenville, S.C. (Thomas E. Lydon, Jr., U.S. Atty., Greenville, S.C., on brief), for appellee.

Before RUSSELL, WIDENER and PHILLIPS, Circuit Judges.

DONALD RUSSELL, Circuit Judge:

After trial and conviction under a narcotics charge, but prior to sentencing, counsel for the defendants orally moved the district court, for a new trial on the ground that certain testimony should have been suppressed, and alleged that the motion could not have been timely made under provisions of Rule 12(b)(3) because of lack of knowledge that the facts would reveal those matters disclosed at the trial. The motion was denied by the...

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