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UNITED STATES v. CALHOUN

No. 83-5141.

726 F.2d 162 (1984)

UNITED STATES of America, Appellee, v. James Scott CALHOUN, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 30, 1984.

Rehearing Denied March 6, 1984.

Attorney(s) appearing for the Case

W.A. Thornhill, III, Beckley, W.Va. (Thornhill, Kennedy & Vaughan, John C. Ashworth, Ashworth & Ashworth, Beckley, W.Va., on brief), for appellant.

Frank D. Allen, Jr., Washington, D.C. (Brian K. Landsberg, Dept. of Justice, David A. Faber, U.S. Atty., Wm. Bradford Reynolds, Asst. Atty. Gen., Charleston, W.Va., on brief), for appellee.

Before RUSSELL and MURNAGHAN, Circuit Judges, and MICHAEL, District Judge.

MURNAGHAN, Circuit Judge:

James Scott Calhoun, a deputy sheriff, allegedly wielding a flashlight, several times struck Kenneth Hebb, who was under arrest and handcuffed. Hebb died as a consequence of a blow or blows. A prosecution ensued under 18 U.S.C. § 242 for deprivation by Calhoun of the rights of Hebb.

Two improprieties pointed to by Calhoun in the manner in which the trial was conducted were in our judgment each sufficient to require reversal of...

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