UNITED STATES v. PHILLIPS

Nos. 78-3177, 78-3149.

600 F.2d 186 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Larry Lee PHILLIPS, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Columbus Lee PHILLIPS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

April 19, 1979.


Attorney(s) appearing for the Case

John P. Moran, Phoenix, Ariz., for defendant-appellant.

Joel D. Sacks, Asst. U. S. Atty., and Allen B. Bickart, Kanne & Bickart & Kaufman, Phoenix, Ariz., on brief; Daniel Drake, Asst. U. S. Atty., for plaintiff-appellee.

Before CHOY and ANDERSON, Circuit Judges, and BARTELS, District Judge.


PER CURIAM.

Appellants Larry and Columbus Phillips were each convicted of one count of theft from an interstate shipment in violation of 18 U.S.C. § 659. Columbus Phillips was convicted of a second count for concealment of stolen chattels under the same statute.

On appeal to this court, appellants contended that a mistrial should have been granted since they were prejudiced by the prosecution's failure promptly to inform the trial court and defense counsel...

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