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ROY v. UNITED STATES

No. 23229.

416 F.2d 874 (1969)

Albert Richard ROY, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

August 22, 1969.

Attorney(s) appearing for the Case

William N. Fielden (argued), La Jolla, Cal., for appellant.

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

Before BARNES and DUNIWAY, Circuit Judges, and PREGERSON, District Judge.

PREGERSON, District Judge.

Albert Richard Roy, Jr., was found guilty in a non-jury trial of violating 18 U.S.C. § 871 for threatening the life of the President of the United States.1 He appeals from the judgment.

STATEMENT OF FACTS

On November 9, 1967 Roy was a private first class in the United States Marine Corps, stationed at Camp Pendleton. He was waiting to be flown to Viet Nam. At the last minute, against his...

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