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355 F.2d 550

Docket No. 22494.

Colbert v. United States

Fifth Circuit Court of Appeals

Decided Jan. 28, 1966.

Fifth Circuit Court of Appeals · decided 1966-01-28

Cited by 1 later decisions — most recently January 1966

1 federal appellate ·

2 counsel of record

Relies on Helton v. United States · Mora v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1966-01-28

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¶1Frank B. Hester, Atlanta, Ga., for appellant.

¶2*551Thomas K. McWhorter, Asst. U. S. Atty., Charles L. Goodson, U. S. Atty., for appellee.

¶3Before BROWN and COLEMAN, Circuit Judges, and GARZA, District Judge.

¶4PER CURIAM:

¶5 Appellant was convicted by a jury of narcotics violations (26 U.S.C.A., Sections 4704(a) and 4705(a)). The record as a whole clearly and convincingly supports the verdict. Appellant complains of the testimony of one witness as to statements allegedly made by appellant at an arrest on another occasion. The testimony was not responsive to the question asked and the court promptly and clearly instructed the jury to disregard it. The denial of the motion for a mistrial was correct. Rule 52(a), Federal Rules of Criminal Procedure; Helton v. United States, 5 Cir., 1955, 221 F.2d 338; Mora v. United States, 5 Cir., 1961, 190 F.2d 749.

¶6Affirmed.

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