UNITED STATES v. COMES LAST

No. 25915.

437 F.2d 114 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Percy Daniel COMES LAST, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

December 21, 1970.


Attorney(s) appearing for the Case

L. Neil Axtell (argued), Glasgow, Mont., for defendant-appellant.

Keith L. Burrows (argued), Asst. U. S. Atty., Otis L. Packwood, Billings, Mont., for plaintiff-appellee.

Before DUNIWAY, HUFSTEDLER and KILKENNY, Circuit Judges.


PER CURIAM:

Percy Daniel Comes Last was found guilty by a jury of robbery in violation of 18 U.S.C. §§ 1153 and 2111. He argues that his motion for judgment of acquittal should have been granted. We affirm.

The government's case was based solely on the testimony of the victim, Squires. Comes Last presented no witnesses on his behalf. It is argued that Squires' testimony is insufficient to establish a taking by Comes Last of Squires' boots and the...

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