United States of America, Appellee, v. John Henry Smith, Jr., Appellant, 417 F.2d 779 (4th Cir. 1969)

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US Court of Appeals for the Fourth Circuit - 417 F.2d 779 (4th Cir. 1969) Argued November 5, 1969
Decided November 10, 1969

William C. Chance, Jr., New York City, for appellant.

William H. Murdock, Greensboro, N. C. (William L. Osteen, U. S. Atty., and Richard M. Dailey, Jr., Asst. U. S. Atty., on brief), for appellee.

Before WINTER and CRAVEN, Circuit Judges, and WIDENER, District Judge.


In this case defendant, convicted of the Dyer Act, contends that the district judge abused his discretion in denying a continuance of the trial which was held over five months after defendant was indicted and arrested, and that the evidence was insufficient to enable the jury to determine defendant's guilt beyond a reasonable doubt. From our review of the record and the briefs, we think that there was no abuse of discretion in the denial of the continuance, and the evidence was ample to support the jury's determination.