U.S. Court of Appeals for the Ninth Circuit, 1970

Guadalupe Enriqueta Farias AKA Lupe Farias v. United States

U.S. Court of Appeals for the Ninth Circuit · Decided February 13, 1970 · Barnes, Hufstedler, Byrne

423 F.2d 749 (Federal Reporter, Second Series)

Counsel

Murry Liftig (argued), San Diego, Cal., for appellant., Joseph A. Milchen (argued), Asst. U. S. Atty., Harry D. Steward, U. S. Atty., San Diego, Cal., for appellee.

Cases that cite this one

2 later published cases cite this decision.

State v. Colby (Vt. 1981)
Freddie Wayne Williams v. Insurance Company of North America, a Corporation (4th Cir. 1970)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM ORDER.

We have examined carefully the record before us and doubled the time for oral argument by appellant’s counsel. Three principal errors are claimed. (1) Once there is proof that a document or copy thereof has been destroyed or lost for whatever reason, secondary evidence may properly be admitted in its place, within the judicial discretion of the trial court. This discretion is large when there is no objection. (2) We find the charge of misconduct on the part of the prosecution unsupported by the record. (3) The instructions given by the trial judge were without error. The judgment based on the jury conviction is affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.