United States v. William Walter Wanger, 426 F.2d 1360 (9th Cir. 1970).
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United States v. William Walter Wanger, 426 F.2d 1360 (9th Cir. 1970). Book View Copy Cite
⚠ Negative Treatment Abrogated 1 negative ▼
UNITED STATES of America, Appellee,
v.
William Walter WANGER, Appellant
24673.
Court of Appeals for the Ninth Circuit.
May 8, 1970.
426 F.2d 1360
Wesley C. Blake (argued), San Diego, Cal., for appellant., Brian E. Michaels (argued), Asst. U. S. Atty., Harry D. Steward, U. S. Atty., Warren P. Reese, Chief Asst. U. S. Atty., San Diego, Cal., for appellee.
Duniway, Ely, Byrne.
Cited by 13 opinions  |  Published
PER CURIAM.

The judgment of conviction is vacated, and the cause is remanded for a new trial. Wade v. United States, 426 F.2d 64 (9th Cir. Mar. 30, 1970).

The appellant did not forfeit his rights under Wade by failing to object to jury instructions which applied the law as it was firmly established prior to Wade, nor should he be penalized for his attorney’s not having requested jury instructions which, at the time of his trial, would have been inconsistent with the law as it then existed. Compare United States v. Scott, 425 F.2d 55 (9th Cir. Mar. 6, 1970).