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UNITED STATES v. HIBLER

No. 71-1322.

463 F.2d 455 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. James Allen HIBLER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

July 5, 1972.

Attorney(s) appearing for the Case

Victor Sherman (argued), of Nasatir, Sherman & Hirsch, Beverly Hills, Cal., for appellant.

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

Before CHAMBERS and DUNIWAY, Circuit Judges, and ANDERSON, District Judge.

DUNIWAY, Circuit Judge:

Hibler appeals from his convictions of robbing a United States mail carrier (18 U.S.C. § 2114) and possessing stolen mail (18 U.S.C. § 1708), asserting insufficiency of the evidence, failure of the prosecutor to disclose evidence valuable to the defense, and various procedural errors of the trial judge. After one trial ended in a mistrial, Hibler was found guilty by a jury on both counts at his second trial. We reverse.

The...

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