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UNITED STATES v. CROSSON

No. 71-2049.

462 F.2d 96 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Sharon K. CROSSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied July 28, 1972.

Attorney(s) appearing for the Case

W. Edward Morgan (argued), Tom R. Clark (argued), of Mesch, Marquez & Rothschild, Tucson, Ariz., for defendant-appellant.

Ann Bowen, Asst. U. S. Atty. (argued), Richard K. Burke, U. S. Atty., for plaintiff-appellee.

Erik M. O'Dowd, of O'Dowd, Fahringer & Diamos, Tucson, Ariz., amicus curiae for American Civil Liberties Union.

Before BROWNING, KILKENNY and TRASK, Circuit Judges.

Rehearing In Banc Denied July 28, 1972.

KILKENNY, Circuit Judge:

Appellant was indicted, tried by a jury and convicted of publicly burning the flag of the United States in violation of 18 U.S.C. § 700. She was sentenced to imprisonment for a period of four months and fined.

FACTS

While there is some dispute as to the facts, the jury, in order to convict, must have accepted the government's version briefly outlined in the following narrative...

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