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SABLAN v. PEOPLE OF TERRITORY OF GUAM

No. 25255.

434 F.2d 837 (1970)

David Lujan SABLAN, Appellant, v. PEOPLE OF the TERRITORY OF GUAM, Appellee.

United States Court of Appeals, Ninth Circuit.

November 17, 1970.

Attorney(s) appearing for the Case

James B. Klemm, Walter S. Ferenz, of Barrett, Ferenz & Bramhall, Agana, Guam, for appellant.

James S. Brooks, Frank G. Lujan, Atty. Gen., James H. Allendoerfer, Lawrence J. Teker, Asst. Attys. Gen., Agana, Guam, for appellee.

Before CHAMBERS and KOELSCH, Circuit Judges, and BYRNE, District Judge.

BYRNE, District Judge:

David Lujan Sablan has appealed his second-degree murder conviction imposed upon him by the District Court for the Territory of Guam. Sablan was indicted for the 4th-of-July murder of a young soldier, Thomas R. Lemon, Jr., shot to death while standing in a saloon.

The evidence presented to the jury was that Sablan and a friend had visited the tavern (Carmen's Place) two days before the killing and that Sablan had been refused service...

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