U.S. Court of Appeals for the Ninth Circuit, 1959

Audy W. Deere v. United States

Audy W. Deere v. United States
U.S. Court of Appeals for the Ninth Circuit · Decided June 17, 1959 · Chambers, Barnes, Jertberg
268 F.2d 912; 1959 U.S. App. LEXIS 3662 (Federal Reporter, Second Series)

Counsel

Warren W. Taylor, Fairbanks, Alaska, Fred D. Crane, Kotzebue, Alaska, for appellant., Malcolm R. Wilkey, Asst. Atty. Gen., Daniel R. Ohlbaum, Atty., Dept, of Justice, Washington, D. C., George M. Yeager, U. S. Atty., Fairbanks, Alaska, for appellee., John L. Rader, Atty. Gen., State of Alaska, Jack O’Hair Asher, Asst. Atty. Gen., Juneau, Alaska, amici curiae.

Audy W. Deere v. United States

Cases that cite this one

1 later published case cites this decision.

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Opinion

PER CURIAM.

The appellant, Deere, was sentenced on February 26, 1959, [judgment was entered March 3, 1959] for the offense of operating a motor vehicle while under the influence of liquor. See § 50-5-3 of the Alaska Compiled Laws Annotated 1949. The offense was committed prior to Alaskan statehood, but the trial in the district court occurred after statehood. For the reasons stated in Parker v. McCarrey, 9 Cir., 268 F.2d 907, we hold we have no jurisdiction to entertain this appeal. Accordingly, the motion to dismiss is granted.

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