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UNITED STATES v. PHILLIPS

Nos. 77-2797, 77-2554.

575 F.2d 1265 (1978)

UNITED STATES of America, Appellee, v. Columbus Lee PHILLIPS, Appellant. UNITED STATES of America, Appellee, v. Larry Lee PHILLIPS, Appellant.

United States Court of Appeals, Ninth Circuit.

April 18, 1978.

Attorney(s) appearing for the Case

Earl Terman (argued), John P. Moran (argued), Phoenix, Ariz., for appellants.

Dale Danneman, Asst. U. S. Atty. (argued), Phoenix, Ariz., for appellee.

Before TRASK and KENNEDY, Circuit Judges, and CURTIS, District Judge.

KENNEDY, Circuit Judge:

The appellants Larry and Columbus Phillips were each indicted on one count of theft from an interstate shipment in violation of 18 U.S.C. § 659. Columbus Phillips was indicted under the same statute on a second count for concealment of stolen chattels. They were tried together, and the jury found them guilty on all counts. We find the defendants were prejudiced by the prosecution's failure promptly to inform the court and defense counsel...

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