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BRYSON v. UNITED STATES

No. 14859.

243 F.2d 837 (1957)

Hugh BRYSON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

April 12, 1957.

Attorney(s) appearing for the Case

Gladstein, Andersen, Leonard & Sibbett, San Francisco, Cal., for appellant.

Lloyd H. Burke, U. S. Atty., Robert H. Schnacke, San Francisco, Cal., for appellee.

Before CHAMBERS, Circuit Judge, and HAMLIN and SOLOMON, District Judges.

SOLOMON, District Judge.

Bryson, in his petition for rehearing, contends that the instruction on affiliation was fatally defective and that our decision to the contrary is inconsistent with our decision in Fisher v. United States, 9 Cir., 1956, 231 F.2d 99. We find no inconsistency.

In evaluating the instructions on affiliation, we, as well as the court in the Fisher case, used the test stated in Bridges v. Wixon, 1945,

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