UNITED STATES OF AMERICA, APPELLEE,
v.
WILLIAM WALTER WANGER, APPELLANT

9th Cir. | 1970-05-08
No. 24673
Before DUNIWAY and ELY, Circuit Judges, and BYRNE, District Judge.
426 F.2d 1360 United States Court of Appeals for the Ninth Circuit (1970) Negative Treatment
Cited by 12 cases

Opinion of the Court
PER CURIAM.

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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