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UNITED STATES v. BEATTIE

No. 78-2381.

613 F.2d 762 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. John Jay BEATTIE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

February 4, 1980.

Attorney(s) appearing for the Case

Alexander Anolik, San Francisco, Cal., for defendant-appellant.

Jo-Lynne Q. Lee, Asst. U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before BROWNING and WALLACE, Circuit Judges, and CURTIS, District Judge.

WALLACE, Circuit Judge:

A jury found Beattie guilty on five counts of mail fraud, 18 U.S.C. § 1341, and one count of conspiracy to commit mail fraud, 18 U.S.C. § 371. Beattie appeals his conviction claiming that the trial judge erred when he instructed the jury, sua sponte, in a manner similar to that approved in Allen v. United States, 164 U.S. 492, 17 S.Ct. 154, 41 L.Ed. 528 (1896). That instruction, Beattie...

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