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UNITED STATES v. SPIVEY

No. 71-1008.

448 F.2d 390 (1971)

UNITED STATES of America, Appellee, v. George Douglas SPIVEY, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 24, 1971.

Attorney(s) appearing for the Case

Boyd C. Campbell, Jr., Concord, N. C., Court-appointed (Hartsell, Hartsell & Mills, Concord, N. C., on brief), for appellant.

William L. Osteen, Jr., U. S. Atty. (Bradley J. Cameron, Asst. U. S. Atty., on brief), for appellee.

Before BOREMAN, CRAVEN and RUSSELL, Circuit Judges.

DONALD RUSSELL, Circuit Judge:

The defendant, indicted and convicted under Section 659, 18 U.S.C. ("theft of goods from an interstate shipment") appeals on two grounds:

(1) The alleged invalidity of the indictment for failure to specify the facility from which the goods stolen were taken; and (2) Denial of a fair trial by the Government's use as a witness of a co-defendant, who had plead guilty earlier but had not yet been sentenced.

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