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UNITED STATES v. KAYE

No. 71-1678.

457 F.2d 878 (1972)

UNITED STATES of America, Appellee, v. Sol KAYE, Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied April 12, 1972.

Attorney(s) appearing for the Case

John D. Spyromilios, San Francisco, Cal., for appellant.

William D. Keller, U. S. Atty., Eric A. Nobles, Chief Crim. Div., Joseph H. Golant, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before MERRILL, ELY, and HUFSTEDLER, Circuit Judges.

PER CURIAM:

Kaye was convicted, in a jury trial, of having broken into a post office with intent to commit larceny. 18 U.S.C. § 2115. He urges three grounds for reversal: (1) The admission into evidence of a statement made by Kaye while in custody, (2) the admission into evidence of the testimony of a Government chemist, and (3) a reference by the prosecuting attorney in his closing argument to facts not in evidence.

Since no objection in respect to any...

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