United States of America, and v. Ronald H. Garrison

Ninth Circuit

United States of America, and v. Ronald H. Garrison

435 F.2d 555

CourtCourt of Appeals for the Ninth Circuit

DecidedJanuary 7, 1971

Docket26551_1

StatusPublished

This text of 435 F.2d 555 (United States of America, and v. Ronald H. Garrison) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States of America, and v. Ronald H. Garrison, 435 F.2d 555 (9th Cir. 1971).

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Opinion

PER CURIAM:

The judgment of conviction is affirmed.

We reject the contention under the Sixth Amendment: Confrontation.

Commendably able counsel cites Dutton v. Evans, 400 U.S. 74, 91 S.Ct. 210, 27 L.Ed.2d 213. On the facts here, in our view it cuts against him. Also, we agree with the trial court that the statement of the absent witness was a verbal act.

On the point as to “why the defendant was arrested,” on which the defendant was not permitted to vindicate himself, we find the court’s ruling was within its sound discretion.

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