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UNITED STATES v. TSINNIJINNIE

No. 78-3522.

601 F.2d 1035 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Norman TSINNIJINNIE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied August 27, 1979.

Attorney(s) appearing for the Case

Michael L. Piccarreta, Phoenix, Ariz., argued, for defendant-appellant; Susan Wintermute, Asst. Federal Public Defender, Phoenix, Ariz., on brief.

Daniel R. Drake, U. S. Atty., argued and on brief, for plaintiff-appellee.

Before TRASK and GOODWIN, Circuit Judges, and NIELSEN, District Judge.

NIELSEN, District Judge:

Norman Tsinnijinnie appeals a judgment of conviction of voluntary manslaughter (18 U.S.C. § 1153). The primary issue on appeal is whether Tsinnijinnie's privilege to preclude his spouse from testifying against him was violated by a third person relating an out-of-court utterance by Tsinnijinnie's wife. In addition, he claims the trial judge erred by excluding expert testimony, by admitting evidence of a prior altercation, by explaining...

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