Legal Opinion

Earl D. Greene v. United States of America, John Becker v. United States of America, Mike A. Thomas v. United States

Court of Appeals for the Ninth Circuit

Decided February 3, 1972No. 22104, 22104-A and 22104-BPublishedCited by 175 opinions

1Opinion of the Court

HAMLEY, Circuit Judge:

Mike A.. Thomas, John Becker and Earl D. Greene, were jointly indicted, tried and convicted on charges involving possession of unregistered distilling apparatus, sale without stamp of distilled *784spirits, and conspiracy.1 The three took separate appeals which we consolidated for argument and disposition. While these appeals were pending, defendant ■Greene was murdered. As to his appeal it is, therefore appropriate to remand with directions to vacate the judgment and dismiss the indictment. We reverse the convictions of Thomas and Becker for the reasons stated below.

In…

2Cases cited3 opinions

  1. Sorrells v. United StatesSupreme Court of the United States · 1932
  2. Sherman v. United StatesSupreme Court of the United States · 1958
  3. United States v. Lloyd Stanley WaltonCourt of Appeals for the Ninth Circuit · 1969

3Cited by175 opinions

  1. United States v. RussellSupreme Court of the United States · 1973
  2. United States v. William Christopher Twigg, Iii, United States of America v. Henry Alfred NevilleCourt of Appeals for the Third Circuit · 1978
  3. United States v. John Bagnariol, United States of America v. Gordon L. Walgren, United States of America v. Patrick GallagherCourt of Appeals for the Ninth Circuit · 1981
  4. Carl R. Kramer v. Village of North Fond Du Lac and Larry WodackCourt of Appeals for the Seventh Circuit · 2004
  5. United States v. Paul C. Porter, United States v. Walter G. Baker, United States v. Frederick L. Hearn, United States v. Larry ReservitzCourt of Appeals for the First Circuit · 1985

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