LAVELL v. UNITED STATES

No. 18338.

324 F.2d 232 (1963)

Gerald Layton LAVELL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

November 5, 1963.


Attorney(s) appearing for the Case

James W. Stewart, San Jose, Cal., for appellant.

Sidney I. Lezak, U. S. Atty., and William B. Borgeson, Asst. U. S. Atty., Portland, Or., for appellee.

Before CHAMBERS, POPE and MERRILL, Circuit Judges.


PER CURIAM.

The judgment is vacated for the reason that it incorrectly states the offenses for which Lavell was convicted. The indictment and the jury verdict clearly indicate that defendant was convicted under one conspiracy count and under one substantive count; not two conspiracy counts.

We find the trial court did not abuse its discretion in refusing to grant a continuance and that its remarks during the course of the trial were not prejudicial to appellant...

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