UNITED STATES v. HAINES

No. 24719.

425 F.2d 218 (1970)

UNITED STATES of America, Appellee, v. Charles Thomas HAINES, Appellant.

United States Court of Appeals, Ninth Circuit.

April 9, 1970.


Attorney(s) appearing for the Case

Richard J. Dowdall (argued), of Dowdall, Harris, Hull, & Terry, Tucson, Ariz., for appellant.

Stanley Patchell (argued), Asst. U. S. Atty., Jo Ann D. Diamos, Asst. U. S. Atty., Richard K. Burke, U. S. Atty., Tucson, Ariz., for appellee.

Before MERRILL and KOELSCH, Circuit Judges, and WILKINS, District Judge.


PER CURIAM:

Charles Thomas Haines has appealed from a conviction for aggravated assault.1 On the evening of November 28, 1968, Wilbur Steele and his wife, both Indians, were leaving Mark's Tavern near Globe, Arizona, in their Mustang automobile when they were approached by a trio of youths in a Camaro "sports" car. Steele, who had been drinking, evidently agreed to race the youths and he proceeded to the specified starting place on the...

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