United States v. O'Brien

Full title: UNITED STATES of America, Appellant, v. Robert Chester O'BRIEN, Appellee

Court: Circuit Court of Appeals, Ninth Circuit

Date published: Jun 17, 1935

77 F.2d 1019 (9th Cir. 1935)

Opinion

No. 7759.

June 17, 1935.

Appeal from the District Court of the United States for the Northern District of California, Southern Division; Harold Louderback, Judge.

H.H. McPike, U.S. Atty., and Thomas C. Lynch, Asst. U.S. Atty., both of San Francisco, Cal.

Alvin Gerlack, of San Francisco, Cal., for appellee.

Before WILBUR, DENMAN, and MATHEWS, Circuit Judges.

PER CURIAM.

Upon motion of counsel for appellee confessing error herein and for reversal of the judgment of the District Court herein and remanding of the cause for a new trial, upon authority of White v. U.S.A., 77 F.2d 757, decided by this court May 20, 1935, No. 7245, it is ordered that said motion be granted, that a judgment be filed and entered accordingly, and the mandate of this court issued forthwith.