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KOWALEWSKI v. UNITED STATES

No. 23901.

418 F.2d 118 (1969)

Francis Xavier KOWALEWSKI, Jr. and Wayne Berry Critchfield, Appellants, v. UNITED STATES of America, Appellee,

United States Court of Appeals Ninth Circuit.

October 9, 1969.

Attorney(s) appearing for the Case

Austin W. Crowe, Jr. (argued), of Maguire, Kester & Cosgrave, Portland, Or., for appellants.

Jack W. Wong (argued), Asst. U. S. Atty., Sidney I. Lezak, U. S. Atty., Charles H. Turner, Asst. U. S. Atty., Portland, Or., for appellee.

Before HAMLEY and BROWNING, Circuit Judges, and McNICHOLS, District Judge.

McNICHOLS, District Judge:

Appellants were convicted, after a jury trial, of interstate transportation of a stolen motor vehicle in violation of the Dyer Act. 18 U.S.C. § 2312.

This appeal presents a single question for our determination.1 Error is predicated on the action of the trial judge in including certain language in a jury instruction after advising counsel of his intent to delete the same. It is contended that reversible...

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