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UNITED STATES v. STEPHENS

No. 73-1739.

486 F.2d 915 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. James Charles STEPHENS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

October 25, 1973.

Attorney(s) appearing for the Case

Monte E. Hester (argued), Tacoma, Wash., for defendant-appellant.

J. S. Obenour, Asst. U. S. Atty. (argued), Tacoma, Wash., for plaintiff-appellee.

Before CHAMBERS, WRIGHT and KILKENNY, Circuit Judges.

OPINION

EUGENE A. WRIGHT, Circuit Judge:

Stephens appeals from his conviction after a jury trial for robbery of a national bank [18 U.S.C. § 2113(a) and (d)]. He contends that the trial judge's comments to the jury denied him a fair trial and that there was insufficient evidence to support the verdict. Agreeing with the first contention, we reverse.

At the close of Stephens' trial in the district court...

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