UNITED STATES v. METCALF

No. 24632.

435 F.2d 754 (1970)

UNITED STATES of America, Appellee, v. Walter METCALF, Appellant.

United States Court of Appeals, Ninth Circuit.

December 10, 1970.


Attorney(s) appearing for the Case

Reiner E. Deglow (argued), of Fredrickson, Maxey, Bell & Allison, Spokane, Wash., for appellant.

Carroll D. Gray (argued), Asst. U. S. Atty., Dean C. Smith, U. S. Atty., Spokane, Wash., for appellee.

Before HAMLEY and ELY, Circuit Judges, and GOODWIN, District Judge.


ELY, Circuit Judge:

Metcalf was convicted of having obstructed justice in violation of 18 U.S.C. § 1503. The alleged offense centered around an attempt by him to secure possession of an automobile that had been purchased with money obtained in a bank robbery.

Joe Nicholls, who had already pleaded guilty to the offense of bank robbery, was the prosecution's principal witness against Metcalf. As we shall see, however, his testimony actually undermined the...

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