UNITED STATES v. CARTER

No. 71-2566.

454 F.2d 525 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. James Keith CARTER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

February 7, 1972.


Attorney(s) appearing for the Case

R. Lamar Couser, Tucson, Ariz., for defendant-appellant.

Richard K. Burke, U. S. Atty., James E. Meuller, Asst. U. S. Atty., Tucson, Ariz., for plaintiff-appellee.

Before BROWNING, HUFSTEDLER and WRIGHT, Circuit Judges.


PER CURIAM:

Carter was found guilty by a jury of violating 8 U.S.C. § 1324(a) (4), which prohibits encouraging or inducing an alien to enter the United States illegally. On appeal he asserts that the proof varied fatally from the allegations of the indictment.

The indictment charged that he did "knowingly encourage and induce" the entries. The trial court submitted the cause to the jury in the disjunctive, using the words "encourage or induce...

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