LUOMOLA v. UNITED STATES

No. 17377.

301 F.2d 138 (1962)

John Arthur LUOMOLA, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

April 5, 1962.


Attorney(s) appearing for the Case

Sol Rosenthal, Beverly Hills, Cal., for appellant.

Francis C. Whelan, U. S. Atty., Thomas R. Sheridan, Chief Criminal Division, Asst. U. S. Atty., and Meyer Newman, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before ORR, BARNES and JERTBERG, Circuit Judges.


PER CURIAM.

Appellant was convicted by a jury on one count of smuggling marihuana into the United States. Jurisdiction existed below pursuant to 21 U.S.C. § 176a, (19 U.S.C. §§ 1461, 1484 and 1485 (and exists here pursuant to 28 U.S.C. § 1291.

But two errors are urged. First: that the court erred in not admonishing the jury to disregard certain remarks made by the prosecuting attorney in argument to the jury. Second: that...

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