UNITED STATES v. DESMOND

No. 24386.

419 F.2d 1286 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. Jerry F. DESMOND, Defendant-Appellant.

United States Court of Appeals Ninth Circuit.

December 9, 10, 1969.


Attorney(s) appearing for the Case

Joseph M. Imhoff, Jr. (argued), of Coughlan, Imhoff, Christensen & Lynch, Boise, Idaho, for appellant.

Jay F. Bates (argued), Asst. U. S. Atty., Gerald F. Schroeder, Asst. U. S. Atty., Sherman F. Furey, Jr., U. S. Atty., Boise, Idaho, for appellee.

Before HAMLEY and HUFSTEDLER, Circuit Judges, and LEVIN, District Judge.


PER CURIAM:

Desmond appeals from his conviction upon six out of seven counts of an indictment for violating 18 U.S.C. § 2314 (interstate transportation of forged securities). He contends the court erred (1) in denying his motion for mistrial based on the admission of testimony about a crime for which he was not on trial, and (2) in failing to dismiss the seventh count of the indictment.

Mr. and Mrs. Travis testified that certain personal checks, traveler...

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