OSBORN v. UNITED STATES

No. 9702.

391 F.2d 115 (1968)

Tony Charles OSBORN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

March 5, 1968.


Attorney(s) appearing for the Case

John H. Williamson, Denver, Colo., for appellant.

Scott McCarty, Asst. U. S. Atty., Albuquerque, N. M. (John Quinn, U. S. Atty., Albuquerque, N. M., on the brief), for appellee.

Before LEWIS and HILL, Circuit Judges, and CHRISTENSEN, District Judge.


HILL, Circuit Judge.

The appeal is from a jury conviction for violation of 18 U.S.C. § 2113(b).1 Appellant attacks the sufficiency of the government's evidence and claims error by the trial judge in his instructions to the jury.

A fair summary of the government's evidence is as follows:

Appellant, a resident of California, hitchhiked a ride from Tucson, Arizona, to Las Cruces...

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