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BERARD v. UNITED STATES

No. 17932.

309 F.2d 260 (1962)

Clarence Yvon BERARD, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied November 5, 1962.

Attorney(s) appearing for the Case

Howe, Davis, Riese & Jones, and Lauren D. Studebaker, Seattle, Wash., for appellant.

Brockman Adams, U. S. Atty., and Douglas M. Fryer, Asst. U. S. Atty., Seattle, Wash., for appellee.

Before MERRILL, BROWNING and DUNIWAY, Circuit Judges.

MERRILL, Circuit Judge.

Appellants stands convicted of violation of the Dyer Act. 18 U.S.C. § 2312.1 Upon this appeal from conviction, the only question is whether the district court erred in refusing to instruct the jury that before they could find the automobile in question to have been stolen by appellant, they must find that he intended permanently to deprive the owner of his rights and benefits with respect to the car...

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