Stone v. United States, 20270.
Decision Date | 17 December 1963 |
Docket Number | No. 20270.,20270. |
Parties | Lonnie H. STONE, Appellant, v. UNITED STATES of America, Appellee. |
Court | U.S. Court of Appeals — Fifth Circuit |
S. Gunter Toney, Tallahassee, Fla., for appellant.
Clinton Ashmore, U. S. Atty., Tallahassee, Fla., C. W. Eggart, Jr., First Asst. U. S. Atty., Pensacola, Fla., Stewart J. Carrouth, Asst. U. S. Atty., Tallahassee, Fla., for appellee.
Before RIVES and JONES, Circuit Judges, and DAWKINS, District Judge.
The appellant asserts that his conviction of moonshine activity was erroneous and should be reversed.
The judge of the District Court for the Northern District of Florida, on December 4, 1961, sent out an instrument which the United States Attorney calls a Letter Directive and which counsel for the appellant calls a blanket order. It was directed to the U. S. Marshal, Clerk, Deputy Clerks and Jury Commissioners. It was in these terms:
The appellant's case was set for trial on December 3, 1962, the opening day of a trial term of the Marianna, Florida, division of the court. On November 29, 1962, the appellant filed a motion for leave to inspect the list of jurors and, in the alternative, for a continuance to a date later than the opening day of the term. On December 3, 1962, the appellant stated that he was not ready for trial for the reason asserted in his prior motion and sought a continuance. The court overruled the appellant's objection and the case proceeded to trial.
During the voir dire examination of the prospective jurors, the record shows the following:
On appeal, it is urged by the appellant that the order or directive of the district court prohibiting disclosure or...
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