421 F2d 1391 United States v. O Wise

421 F.2d 1391

UNITED STATES of America, Plaintiff-Appellee,
v.
Lormond O. WISE, Appellant.

No. 24413.

United States Court of Appeals, Ninth Circuit.

Feb. 2, 1970.

Barry R. Hirschfield (argued), San Francisco, Cal., for defendant-appellant.

Dean C. Smith (argued), U.S. Atty., Carroll D. Gray, Asst. U.S. Atty., Spokane, Wash., for plaintiff-appellee.

Before CHAMBERS, MERRILL and KOELSCH, Circuit Judges.

PER CURIAM.

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1

The judgment in this Dyer Act case is affirmed.

2

We have reviewed the evidence, the sufficiency of which is attacked. Counsel for appellant sincerely believes in his client's innocence. But mathematical certainty is not required. The standard is beyond a reasonable doubt. If Wise is innocent, he still got himself into a very damning set of circumstances from which the required inferences could be drawn.

3

Other points raised, we also find without merit.