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PEOPLE OF TERRITORY OF GUAM v. DELA ROSA

No. 79-1739.

644 F.2d 1257 (1980)

The PEOPLE OF the TERRITORY OF GUAM, Plaintiff-Appellee, v. John C. DELA ROSA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 1, 1980.

As Amended May 15, 1981.

Rehearing and Rehearing Denied June 9, 1981.

Attorney(s) appearing for the Case

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

D. Paul Vernier, Jr., Deputy Atty. Gen., Agana, Guam, argued for plaintiff-appellee; R. Barrie Michelsen, Agana, Guam, on brief.

Before MERRILL, DUNIWAY and TANG, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 9, 1981.

AMENDED OPINION

PER CURIAM:

Johnny Dela Rosa appeals from a district court affirmance of a Guam superior court conviction for two counts of murder, one count of attempted murder, and three counts of robbery. Finding that the superior court's failure to give Dela Rosa's requested cautionary jury instructions on witness credibility was unduly prejudicial, we reverse.

Dela Rosa was charged...

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