BENSON v. UNITED STATES

No. 22098.

402 F.2d 576 (1968)

Jerome BENSON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

October 21, 1968.


Attorney(s) appearing for the Case

Peter L. Sanford, San Jose, Cal., for appellant.

Joseph L. Ward, U. S. Atty., Robert S. Linnell, Asst. U. S. Atty., Las Vegas, Nev., for appellee.

Before BARNES, JERTBERG and DUNIWAY, Circuit Judges.


DUNIWAY, Circuit Judge:

Benson appeals from a judgment of conviction of violation of 21 U.S.C. § 174. The trial was to a jury. On this appeal, he makes two claims: 1) that delay from the day the offense was committed to the day of his arrest deprived him of due process, contrary to the Fifth Amendment, and of his right to speedy trial, contrary to the Sixth Amendment, and 2) that the receipt in evidence of a prior statement of a witness, and the failure of the...

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