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PENNINGTON v. GOVERNMENT OF GUAM

No. 14121.

228 F.2d 892 (1955)

Robert PENNINGTON, Appellant, v. The GOVERNMENT OF GUAM, Appellee.

United States Court of Appeals Ninth Circuit.

December 19, 1955.

Attorney(s) appearing for the Case

Duffy & O'Connor, Agana, Guam, Thomas M. Jenkins, San Francisco, Cal., for appellant.

Howard D. Porter, Atty. Gen., Leon D. Flores, Island Atty., Louis A. Otto, Jr., Deputy Atty. Gen., Government of Guam, Agana, Guam, for appellee.

Before STEPHENS, HEALY and POPE, Circuit Judges.

PER CURIAM.

Appellant was convicted in the District Court of Guam of the commission of a criminal offense under § 286 of the Penal Code of Guam which was punishable by imprisonment for not less than one nor more than ten years. As in the case of Hatchett v. Government of Guam, 9 Cir., 212 F.2d 767, the prosecution was based upon an information without any indictment by grand jury. At the trial appellant moved to dismiss the information...

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