PAYNE v. UNITED STATES

No. 19422.

340 F.2d 748 (1965)

Homer PAYNE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

January 22, 1965.


Attorney(s) appearing for the Case

Philip S. Malinsky, Tucson, Ariz., for appellant.

C. A. Muecke, U. S. Atty., Jo Ann D. Diamos, Asst. U. S. Atty., Tucson, Ariz., for appellee.

Before JERTBERG, KOELSCH and BROWNING, Circuit Judges.


JERTBERG, Circuit Judge:

After trial to a jury, appellant was found guilty and thereafter sentenced to a three year term of imprisonment for violating 18 U.S. § 2312.1

Two assignments of error are relied upon: Plain error on the part of the District Court: (1) to admit into evidence testimony of a confession made by appellant; and (2) to fail to instruct the jury that it must disregard the confession of the defendant if found...

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