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UNITED STATES v. ARMSTRONG

No. 79-1109.

621 F.2d 951 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Dwight ARMSTRONG, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied July 10, 1980.

Attorney(s) appearing for the Case

Mark E. Merin, Kanter, Williams, Merin & Dickstein, Sacramento, Cal., for defendant-appellant.

Julian G. Macias, Asst. U. S. Atty., Sacramento, Cal., on brief; Fern M. Segal, Asst. U.S. Atty., Sacramento, Cal., for plaintiff-appellee.

Before KENNEDY and ANDERSON, Circuit Judges, and SCHWARTZ, District Judge.

KENNEDY, Circuit Judge:

Dwight Armstrong appeals his convictions for three armed bank robberies. We agree with appellant that the trial court erred in excluding evidence which indicated that another man may have committed one of the robberies, and we reverse his conviction on that count. The convictions on the remaining counts are affirmed.

The first robbery charged against Armstrong was of the World Savings &...

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