PEOPLE OF TERRITORY OF GUAM v. CRUZ

No. 23506.

415 F.2d 336 (1969)

The PEOPLE OF the TERRITORY OF GUAM, Plaintiff-Appellee, v. Jose Cruz CRUZ, Defendant-Appellant.

United States Court of Appeals Ninth Circuit.

July 30, 1969.


Attorney(s) appearing for the Case

Richard H. Benson of Crain & Benson, Agana, Guam, for defendant-appellant.

Frank G. Lujan, Atty. Gen., John P. Raker, Deputy Atty. Gen., Agana, Guam, for plaintiff-appellee.

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


BROWNING, Circuit Judge:

Defendant was convicted of uttering a forged check in violation of section 470 of the Penal Code of Guam. At trial, Austin J. Shelton, proprietor of the store where the check was passed, identified the defendant as the passer. On cross-examination, the defense elicited testimony from Mr. Shelton that he had also identified defendant at a police lineup conducted a few days after the crime was committed.

At the close of the prosecution...

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