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GREENE v. UNITED STATES

Nos. 22104, 22104-A and 22104-B.

454 F.2d 783 (1971)

Earl D. GREENE, Appellant, v. UNITED STATES of America, Appellee. John BECKER, Appellant, v. UNITED STATES of America, Appellee. Mike A. THOMAS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied February 3, 1972.

Attorney(s) appearing for the Case

Charles O. Morgan, San Francisco, Cal. (argued), for John Becker.

Leonard P. Burke (argued), of Scalora & Burke, Sacramento, Cal., for Mike A. Thomas.

James Neil, San Jose, Cal. (argued), for Earl D. Greene.

Brewster Q. Morgan, Asst. U. S. Atty. (argued), Dwayne Keyes, U. S. Atty., James J. Simonelli, Asst. U. S. Atty., Sacramento, Cal., for appellee.

Before HAMLEY, MERRILL and HUFSTEDLER, Circuit Judges.

HAMLEY, Circuit Judge:

Mike A. Thomas, John Becker and Earl D. Greene, were jointly indicted, tried and convicted on charges involving possession of unregistered distilling apparatus, sale without stamp of distilled spirits, and conspiracy.1 The three took separate appeals which we consolidated for argument and disposition. While these appeals were pending, defendant Greene was murdered. As to...

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