Elawyers Elawyers
Washington| Change

The United States v. James Henry Audett, 75--1503 (1976)

Court: Court of Appeals for the Ninth Circuit Number: 75--1503 Visitors: 15
Filed: Jan. 26, 1976
Latest Update: Feb. 22, 2020
Summary: 529 F.2d 569 The UNITED STATES, Plaintiff-Appellee, v. James Henry AUDETT, Defendant-Appellant. No. 75-1503. United States Court of Appeals, Ninth Circuit. Jan. 26, 1976. 1 Glenn A. Stanberry, Jr., of Davidson & Davidson, Foster City, Cal., for defendant-appellant. 2 Harry J. McCarthy, Asst. U.S. Atty., Seattle, Wash., for plaintiff-appellee. ORDER OF AFFIRMANCE 3 Before CHAMBERS and KENNEDY, Circuit Judges, and WONG, * District Judge. 4 The court properly instructed the jury on the government's
More

529 F.2d 569

The UNITED STATES, Plaintiff-Appellee,
v.
James Henry AUDETT, Defendant-Appellant.

No. 75--1503.

United States Court of Appeals,
Ninth Circuit.

Jan. 26, 1976.

1

Glenn A. Stanberry, Jr., of Davidson & Davidson, Foster City, Cal., for defendant-appellant.

2

Harry J. McCarthy, Asst. U.S. Atty., Seattle, Wash., for plaintiff-appellee.

ORDER OF AFFIRMANCE

3

Before CHAMBERS and KENNEDY, Circuit Judges, and WONG,* District Judge.

4

The court properly instructed the jury on the government's burden of proof. It also properly instructed the jury on appellant's alibi, stating that if there were reasonable doubt whether appellant was present at the time and place of the alleged offense, the jury must acquit him. These instructions completely covered appellant's theory and we find no error in the district court's refusal to give the specific instruction that appellant requested. United States v. Noah, 475 F.2d 688, 697 (9th Cir. 1973).

5

Affirmed.

*

The Honorable Dick Yin Wong, United States District Judge, for the District of Hawaii, sitting by designation

Source:  CourtListener

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer