Opinion
No. 23592.
May 3, 1968.
Appeal from the United States District Court for the Northern District of Texas; Sarah Tilghman Hughes, Judge.
Charles Tessmer, Frank S. Wright, Dallas, Tex., for appellant.
B.H. Timmins, Jr., Asst. U.S. Atty., Dallas, Tex., for appellee.
Before GEWIN, COLEMAN and GOLDBERG, Circuit Judges.
This appeal was submitted to this Court on February 24, 1967. We withheld decision pending the guidance of the Supreme Court in Marchetti v. United States, 390 U.S. 39, 88 S.Ct. 697, 19 L.Ed. 2d 889 (1968), and Grosso v. United States, 390 U.S. 62, 88 S.Ct. 709, 19 L. Ed.2d 906 (1968).
In the light of these decisions, without the necessity for further discussion, it is clear that the conviction here appealed from must be reversed.
Reversed.