United States v. William Walter Wanger
This text of 426 F.2d 1360 (United States v. William Walter Wanger) 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.
Opinion
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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Cite This Page — Counsel Stack
426 F.2d 1360, 1970 U.S. App. LEXIS 9349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-william-walter-wanger-ca9-1970.