MARTIN v. UNITED STATES

No. 18356.

335 F.2d 945 (1964)

John W. MARTIN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

August 19, 1964.


Attorney(s) appearing for the Case

Thomas J. O'Donnell, Las Vegas, Nev., for appellant.

John W. Bonner, U. S. Atty., Robert S. Linnell, Asst. U. S. Atty., Las Vegas, Nev., for appellee.

Before JERTBERG and DUNIWAY, Circuit Judges, and JAMESON, District Judge.


JERTBERG, Circuit Judge.

This is the second appearance of this case in this court. Earlier, following trial to a jury, the defendant was convicted of the charge set forth in the indictment. Appellant appealed from the judgment of conviction imposed upon him, and while the appeal was pending the government, joined in by appellant, moved for summary reversal of the judgment and remand for new trial on grounds that the Assistant United States Attorney who prosecuted...

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