UNITED STATES v. BERNARD

Nos. 79-1356, 79-1357.

625 F.2d 854 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Howard Dale BERNARD, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Ralph Maurice COMSTOCK, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

July 30, 1980.


Attorney(s) appearing for the Case

Carroll D. Gray, Asst. U. S. Atty., Spokane, Wash., for plaintiff-appellee.

Robert H. Whaley, Winston & Cashsat, David W. Henault, Henault & Hancock, Spokane, Wash., for defendants-appellants.

Before DUNIWAY and WALLACE, Circuit Judges, and JAMESON, District Judge.


DUNIWAY, Circuit Judge:

Bernard and Comstock appeal from judgments of conviction of conspiring to manufacture methamphetamine, a violation of 21 U.S.C. §§ 841 and 846. They were separately indicted and tried together. An unindicted co-conspirator, one Richard May, was the major witness to criminal activity on the part of the appellants.

We reverse and remand for a new trial.

I. The Facts.

In December 1977, on behalf of an...

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