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UNITED STATES v. BEEBE

No. 25167.

431 F.2d 428 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. George Clark BEEBE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

September 10, 1970.

Attorney(s) appearing for the Case

Gordon D. Lapides (argued), San Francisco, Cal., for defendant-appellant.

Jerry K. Cimmett (argued), Coleman Bresee, Asst. U. S. Attys., James L. Browning, U. S. Atty., Jerrold M. Ladar, Chief, Criminal Division, San Francisco, Cal., for plaintiff-appellee.

Before MERRILL, BROWNING and DUNIWAY, Circuit Judges.

PER CURIAM:

1. Following bench trial, in opposing appellant's motion for acquittal, the Government attached to its memorandum an affidavit by one of its trial witnesses in effect expanding the trial testimony of that witness. The memorandum, referring to the affidavit, requested leave to reopen trial so that testimony could be introduced in accordance with the affidavit "if the court deems the point to be material." Appellant moved to strike the affidavit and all...

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