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MEDINA v. UNITED STATES

No. 15507.

254 F.2d 228 (1958)

Robert V. MEDINA, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied May 22, 1958.

Attorney(s) appearing for the Case

Morris Lavine, Los Angeles, Cal., for appellant.

Laughlin E. Waters, U. S. Atty., Norman W. Neukom, Lloyd F. Dunn, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before FEE and CHAMBERS, Circuit Judges, and CHASE A. CLARK, District Judge.

CHASE A. CLARK, District Judge.

Robert V. Medina and Lawrence Melvin Miles were tried on a charge of murder. Miles was convicted of second degree murder and Medina was convicted of voluntary manslaughter. Miles did not appeal. Medina appeals and assigns as errors:

"I. The evidence is insufficient to support the verdict as to Medina. It is contrary to the law and as to the evidence. The Court should have granted the motion for judgment of acquittal as to Medina...

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