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UNITED STATES v. HEATH

No. 75-2366.

528 F.2d 191 (1975)

UNITED STATES of America, Appellee, v. Laverne Miles HEATH, Appellant.

United States Court of Appeals, Ninth Circuit.

October 28, 1975.

Attorney(s) appearing for the Case

Thomas C. Kleinschmidt (argued), Federal Public Defenders, Phoenix, Ariz., for appellant.

Ron Jennings, Asst. U.S. Atty. (argued), Phoenix, Ariz., for appellee.

Before ELY and WALLACE, Circuit Judges, and SHARP, District Judge.

OPINION

PER CURIAM:

Heath was convicted of forging a government welfare check, a violation of 18 U.S.C. § 495. The payee was a deaf mute, claimed to be mentally retarded. The District Court conducted a pre-trial hearing, directed to the question of whether the payee was competent to testify as a witness for the prosecution. After hearing several witnesses testify to the effect that the payee was competent and asking three questions of the payee himself...

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