MATTHEWS v. UNITED STATES

No. 22133.

394 F.2d 104 (1968)

George Charles MATTHEWS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

May 8, 1968.


Attorney(s) appearing for the Case

Peter Clarke (argued), San Diego, Cal., for appellant.

Shelby Gott (argued), Asst. U. S. Atty., Edwin L. Miller, Jr., U. S. Atty., San Diego, Cal., for appellee.

Before BARNES and ELY, Circuit Judges; and FERGUSON, District Judge.


FERGUSON, District Judge:

A jury trial resulted in appellant's conviction of two Dyer Act offenses, 18 U.S.C. § 2312, and one smuggling offense, 18 U.S.C. § 545.

A motion for acquittal on the smuggling conviction only was filed and granted by the trial court.

The appeal pursuant to 28 U.S.C. § 1291 and § 1294 is based on (1) insufficiency of the evidence, and (2) failure of the trial court to broaden its instruction on circumstantial...

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