GALVAN v. UNITED STATES

No. 18385.

318 F.2d 711 (1963)

John GALVAN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied August 26, 1963.


Attorney(s) appearing for the Case

Patrick Coleman, Hollywood, Cal., for appellant.

Francis C. Whelan, U. S. Atty., Thomas R. Sheridan, Asst. U. S. Atty., Chief, Criminal Section, and Phillip W. Johnson, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before CHAMBERS and KOELSCH, Circuit Judges, and MacBRIDE, District Judge.


CHAMBERS, Circuit Judge.

Galvan has been convicted of "knowingly and unlawfully receiving, concealing and facilitating the concealment" of a bag of heroin and assaulting a narcotics officer with a deadly and dangerous weapon, to wit: a Cadillac automobile.

As to the assault with a Cadillac, there is little doubt that the officer had to move very quickly and that the car would have "run him down" if he hadn't jumped. The jury could have thought Galvan was scared...

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