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United States v. William Walter Wanger

426 F.2d 1360, 1970 U.S. App. LEXIS 9349
Court of Appeals for the Ninth Circuit·Decided May 8, 1970·No. 24673·Published·Cited by 13 cases

Opinion

PER CURIAM.

The judgment of conviction is vacated, and the cause is remanded for a new trial. Wade v. United States, 426 F.2d 64 (9th Cir. Mar. 30, 1970).

The appellant did not forfeit his rights under Wade by failing to object to jury instructions which applied the law as it was firmly established prior to Wade, nor should he be penalized for his attorney’s not having requested jury instructions which, at the time of his trial, would have been inconsistent with the law as it then existed. Compare United States v. Scott, 425 F.2d 55 (9th Cir. Mar. 6, 1970).

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United States v. William Walter Wanger, 426 F.2d 1360, 1970 U.S. App. LEXIS 9349 (9th Cir. 1970).

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