United States v. James Larry Pennington

ON PETITION FOR REHEARING

COLEMAN, Circuit Judge.

This is the second appeal in this case. Our prior decision, on other issues, is reported at 392 F.2d 421 (1968).

We originally decided the instant appeal on June 29, 1970. Seven days previously, the Supreme Court had decided Chambers v. Maroney, 1970, 399 U.S. 42, 90 S.Ct. 1975, 26 L.Ed.2d 419. Since our June 29 decision had been reached without the benefit of Maroney, we granted petition for rehearing August 12, 1970, and directed that additional briefs be filed. We now withdraw the opinion of June 29 and substitute the following as the opinion…