U.S. Court of Appeals for the Ninth Circuit, 1972

United States v. Ralph Joseph Avendano, Jr.

United States v. Ralph Joseph Avendano, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided March 10, 1972 · Chambers, Koelsch, Per Curiam, Wright
455 F.2d 975 (Federal Reporter, Second Series)

United States v. Ralph Joseph Avendano, Jr.

Opinion

PER CURIAM:

The judgment of conviction in this case involving two counts related to bank robbery and one count of use of a telephone for false threats is affirmed.

The double jeopardy argument is rejected under Haddad v. United States, 349 F.2d 511 (9th Cir. 1965), cert. denied, 382 U.S. 896, 86 S.Ct. 193, 15 L.Ed. 2d 153 (1965).

We find the evidence quite sufficient.

We find no abuse of discretion in permitting a confederate to testify out of order at the second trial and no abuse of discretion in the denial of the motion for new trial.

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