United States v. Ralph Joseph Avendano, Jr.

Ninth Circuit

United States v. Ralph Joseph Avendano, Jr.

455 F.2d 975

CourtCourt of Appeals for the Ninth Circuit

DecidedMarch 10, 1972

Docket71-2284

StatusPublished

This text of 455 F.2d 975 (United States v. Ralph Joseph Avendano, Jr.) 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. Ralph Joseph Avendano, Jr., 455 F.2d 975 (9th Cir. 1972).

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Opinion

PER CURIAM:

The judgment of conviction in this case involving two counts related to bank robbery and one count of use of a telephone for false threats is affirmed.

The double jeopardy argument is rejected under Haddad v. United States, 349 F.2d 511 (9th Cir. 1965), cert. denied, 382 U.S. 896, 86 S.Ct. 193, 15 L.Ed. 2d 153 (1965).

We find the evidence quite sufficient.

We find no abuse of discretion in permitting a confederate to testify out of order at the second trial and no abuse of discretion in the denial of the motion for new trial.

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