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UNITED STATES v. HUDSON

No. 76-2800.

564 F.2d 1377 (1977)

UNITED STATES of America, Appellee, v. Wendell HUDSON, Appellant.

United States Court of Appeals, Ninth Circuit.

November 28, 1977.

Attorney(s) appearing for the Case

Marvin Stender (argued), of Stender, Stender & Weinberg, San Francisco, Cal., for appellant.

Robert D. Ward, Asst. U. S. Atty. (argued), San Francisco, Cal., for appellee.

Before BROWNING and CHOY, Circuit Judges, and THOMPSON, District Judge.

CHOY, Circuit Judge:

Appellant Wendell Hudson appeals from his jury conviction for armed post office robbery under 18 U.S.C. § 2114. We reverse and remand.

Facts and Proceedings Below

On December 31, 1975, a masked man entered an Oakland, California pharmacy which housed a United States Postal Service contract station. He brandished a handgun and proceeded to take approximately $100. Witnesses testified that an undisguised and unarmed...

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