SMITH v. UNITED STATES

No. 16068.

240 F.2d 347 (1957)

Johnny Ray SMITH, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

February 1, 1957.


Attorney(s) appearing for the Case

William B. Moore, Jr., Montgomery, Ala., for appellant.

Hartwell Davis, and Robert E. Varner, Asst. U. S. Attys., Montgomery, Ala., for appellee.

Before HUTCHESON, Chief Judge, and RIVES and BROWN, Circuit Judges.


PER CURIAM.

The motion for rehearing is denied.

We take notice, however, of counsels' professed inability to find any support in the record for the court's statement that the government's prosecuting agent and the district judge "conferred privately in chambers with regard to defendant's guilt and the punishment to be imposed therefor", and refer them to Agent Lill's testimony,1 in which, after he had stated, "Quite frequently...

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