UNITED STATES v. ADAMS

No. 71-1102.

446 F.2d 681 (1971)

UNITED STATES of America, Appellee, v. Robert Willard ADAMS, Appellant.

United States Court of Appeals, Ninth Circuit.

July 7, 1971.


Attorney(s) appearing for the Case

Stephen A. Gerst (argued), of Cohen, Gerst & Groseclose, Phoenix, Ariz., for appellant.

Patricia Whitehead, Asst. U. S. Atty. (argued), Richard K. Burke, U. S. Atty., J. Jenckes, Asst. U. S. Atty., Phoenix, Ariz., for appellee.

Before HAMLEY and CARTER, Circuit Judges, and BELLONI, District Judge.


HAMLEY, Circuit Judge:

Robert Willard Adams appeals from his conviction on a jury verdict of receiving stolen United States postage stamps in violation of 18 U.S.C. § 641, and burglary of a United States Post Office, in violation of 18 U.S.C. § 2115.

The only question presented is whether, under the circumstances of this case, the district court erred in admitting into evidence hearsay testimony of a declaration implicating defendant, while the declarant...

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