UNITED STATES v. SIMMONS

No. 23849.

414 F.2d 800 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. Elliott SIMMONS, Defendant-Appellant.

United States Court of Appeals Ninth Circuit.

June 30, 1969.


Attorney(s) appearing for the Case

John G. Clancy (argued), and Michael J. Keady, of Miller & Keady, San Francisco, Cal., for appellant.

Jerrold M. Ladar (argued), Cecil F. Poole, U. S. Atty., John G. Milano, Asst. U. S. Atty., San Francisco, Cal., for appellee.

Before BROWNING and HUFSTEDLER, Circuit Judges, and BYRNE, District Judge.


PER CURIAM:

Defendant and another were tried and convicted under a charge of taking personal property from another by force, violence, and intimidation on a federal reservation. 18 U.S.C. § 2111. The evidence against defendant was not strong.

In its case-in-chief, the government sought to prove a belligerent statement, allegedly made by defendant shortly before the offense, as bearing upon defendant's state of mind. The proof was excluded. Nonetheless...

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