U.S. Court of Appeals for the Fifth Circuit, 1971

United States v. Henry Mance Johnson

U.S. Court of Appeals for the Fifth Circuit · Decided May 10, 1971 · Clark, Morgan, Per Curiam, Thornberry

441 F.2d 733; 1971 U.S. App. LEXIS 10289 (Federal Reporter, Second Series)

Counsel

Barry Hess, Matranga, Hess & Sullivan, Roderick P. Stout, Mobile, Ala., for defendant-appellant., C. S. White-Spunner, Jr., U. S. Atty., Irwin W. Coleman, Jr., Edward J. Vulevich, Jr., Asst. U. S. Attys., Mobile, Ala., for plaintiff-appellee.

Opinion

PER CURIAM:

On this appeal, the appellant asserts error by the District Court because: (1) a certain portion of a transcript of testimony by a witness at a preliminary hearing in which the appellant was not a party was excluded by the District Court; (2) the United States Attorney’s office failed to locate a missing witness for the defense counsel; and (3) the District Court refused to continue the case because of the absence of this witness.

A perusal of the record in the case at hand shows no merit in any of appellant’s contentions, and the District Court is hereby

Affirmed.

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