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PEOPLE OF TERRITORY OF GUAM v. ROSARIO

No. 79-1223.

625 F.2d 811 (1979)

The PEOPLE OF the TERRITORY OF GUAM, Plaintiff-Appellee, v. Doris P. ROSARIO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied March 19, 1980.

Attorney(s) appearing for the Case

William M. Fitzgerald, Cushnie & Fitzgerald, Agana, Guam, for defendant-appellant.

R. Barrie Michelsen, Crim. Div., Asst. Atty. Gen., Agana, Guam, for plaintiff-appellee.

Before MERRILL and GOODWIN, Circuit Judges, and SCHNACKE, District Judge.

OPINION

PER CURIAM:

Rosario was charged, in a two-count indictment, with (1) unlawfully, knowingly and intentionally delivering a narcotic drug, and (2) unlawfully possessing such a drug with the intent to deliver and dispense.

After the jury had been instructed, but before it retired to consider its verdict, the trial judge suggested that the lesser included offense instruction be given as to the second...

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