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LUCAS v. UNITED STATES

No. 18636.

325 F.2d 867 (1963)

James Melvin LUCAS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

December 10, 1963.

Attorney(s) appearing for the Case

Mesa Lundberg, Hollywood, Cal., for appellant.

Francis C. Whelan, U. S. Atty., Thomas R. Sheridan, Asst. U. S. Atty., Chief, Criminal Section, Norman T. Ollestad, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before MERRILL and KOELSCH, Circuit Judges, and BOWEN, District Judge.

KOELSCH, Circuit Judge.

The defendant, James Melvin Lucas, appeals from a judgment of the district court convicting him of escaping from the Federal Correctional Institution at Lompoc, California, in violation of the Federal Escape Act [18 U.S.C.A. § 751].1 He urges two grounds for reversal:

First, the insufficiency of evidence to support the finding that his departure from custody was wilful, and second that he was denied...

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