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UNITED STATES v. ROSS

Nos. 26152, 26153.

439 F.2d 1355 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Jefferson D. ROSS, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Charles Elmer WYNN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearings Denied April 21, 1971.

Attorney(s) appearing for the Case

Frank O. Bell, Jr. (argued), of Goorjian & Bell, San Francisco, Cal., for Jefferson D. Ross.

James F. Hewitt (argued), The Legal Aid Society, San Francisco, Cal., for Charles Elmer Wynn.

John G. Milano (argued), Asst. U. S. Atty., James L. Browning, U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before BROWNING and TRASK, Circuit Judges, and BYRNE, District Judge.

BYRNE, District Judge:

In the late evening of September 27, 1968, aboard the S. S. Chatham, a vessel anchored in the harbor of Nha Trang, South Vietnam, Karl Von Rodenstein was severely beaten and narrowly averted being thrown overboard. A jury found appellants Ross and Wynn to have been the perpetrators of these vicious acts and pronounced them guilty of assault with intent to commit murder, a violation of 18 U.S.C. § 113(a). We are satisfied there is substantial...

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