United States v. Audett

Ninth Circuit

United States v. Audett

529 F.2d 569

CourtCourt of Appeals for the Ninth Circuit

DecidedJanuary 26, 1976

DocketNo. 75-1503

StatusPublished

Cited by2 cases

This text of 529 F.2d 569 (United States v. Audett) 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 v. Audett, 529 F.2d 569 (9th Cir. 1976).

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Opinion

ORDER OF AFFIRMANCE

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

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). Affirmed.

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ORDER OF AFFIRMANCE

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

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). Affirmed.

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529 F.2d 569, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-audett-ca9-1976.

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