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UNITED STATES v. ALLEN

No. 26914.

449 F.2d 346 (1971)

UNITED STATES of America, Appellee, v. Marshall ALLEN, Appellant.

United States Court of Appeals, Ninth Circuit.

August 31, 1971.

Attorney(s) appearing for the Case

Penrod & Himelstein, San Francisco, Cal., for appellant.

Dwayne Keyes, U. S. Atty., Bruce Babcock, Jr., Asst. U. S. Atty., Sacramento, Cal., for appellee.

Before HAMLEY, HUFSTEDLER, and KILKENNY, Circuit Judges.

PER CURIAM:

Appellant appeals from his conviction for violating 18 U.S.C. § 1708 (possession of stolen mail). He contends that the court erred in refusing to give an identification instruction and in admitting certain extrajudicial statements of his witnesses.

Appellant and his two younger brothers Howard and Robert were observed loitering in a bus station. A bus station employee saw Howard take a United States mailbag from a loading platform and put...

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