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OCHOA v. UNITED STATES

No. 11665.

167 F.2d 341 (1948)

OCHOA v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

April 5, 1948.

Attorney(s) appearing for the Case

Russell K. Lambeau, of Los Angeles, Cal., and Russell H. Yeager, of El Centro, Cal., for appellant.

James M. Carter, U. S. Atty., Ernest A. Tolin, Chief Asst. U. S. Atty., Alfred P. Chamie, Asst. U. S. Atty., of Hollywood, Cal., and Ernest Zack, Asst. U. S. Atty., of Los Angeles, Cal., for appellee.

Before MATHEWS, BONE and ORR, Circuit Judges.

BONE, Circuit Judge.

By an indictment in two counts it was charged that appellant with premeditation murdered a Federal officer (in violation of 18 U.S.C.A. § 253 and § 454), and that appellant assaulted a Federal officer with a deadly weapon (in violation of 18 U.S.C. A. § 254). The jury found appellant guilty of first degree murder on count one, making no recommendation as to punishment, and guilty of assault with a deadly weapon on count two. The...

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