MARSH v. UNITED STATES

No. 22251.

402 F.2d 457 (1968)

Ellis Ernest MARSH, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

July 22, 1968.


Attorney(s) appearing for the Case

Howard R. Lonergan (argued), A. I. Bernstein, Portland, Or., for appellant.

William B. Borgeson, Asst. U. S. Atty., Sidney Lezak, U. S. Atty., Richard C. Helgeson, Asst. U. S. Atty., Portland, Or., for appellee.

Before KOELSCH and CARTER, Circuit Judges, and FOLEY, District Judge.


PER CURIAM:

Appellant makes three assignments of error. We have examined each and find no basis for reversal.

Initially, appellant complains of certain comments made by the court in the presence of the jury. An accomplice of appellant in this case, who had been convicted in another criminal case in the District of Oregon and who was to be sentenced at a later date by the same district judge before whom this case was tried, testified as a witness for the government...

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