HAYES

v.

CALIFORNIA ET AL.

Citator

Cited By

• United States v. Kahn, 381 F.2d 824 (7th Cir. 1967)
  …ding to the advice of his counsel, the law requires, before an instruction relating to a theory of defense is given, that the record contain evidentiary support for the theory. Perkins v. United States, 9 Cir., 315 F. 2d 120, 124 (1963), cert, den., 375 U.S. 916, 84 S.Ct. 201, 11 L.Ed.2d 155 (1963). That evidentiary support is lacking in this case. Furthermore, there must be a showing that the defendant made full disclosure to his attorneys of all the facts pertaining to the transactions under scrutiny. Uni…
• United States v. Noah, 475 F.2d 688 (9th Cir. 1973)
  …It is, however, reversible error not to instruct as to defendants’ theory of the case if the record contains evidentiary support for the theory and the theory is supported by law. Perkins v. United States, 315 F. 2d 120, 124 (9th Cir.), cert. denied 375 U.S. 916, 84 S.Ct. 201, 11 L.Ed.2d 155 (1963). Ross contends that the instructions given failed to allow for the possibility that Ross might be acquainted with the members of the conspiracy and still not be a co-conspirator because he had no financial stake…
• United States v. de Bright, 742 F.2d 1196 (9th Cir. 1984)
  …e such a requested instruction is reversible error. United States v. Noah, 475 F. 2d 688, 697 (9th Cir.), cert. denied, 414 U.S. 1095; 94 S.Ct. 728, 38 L.Ed.2d 553 (1973) (citing Perkins v. United States, 315 F. 2d 120, 124 (9th Cir.), cert. denied, 375 U.S. 916, 84 S.Ct. 201, 11 L.Ed.2d 155 (1963)); see United States v. Lyman, 592 F. 2d 496, 504 (9th Cir.1978), cert. denied, 442 U.S. 931, 99 S.Ct. 2864, 61 L.Ed.2d 300 (1979); Charron v. United States, 412 F. 2d 657, 660 (9th Cir.1969); Baker v. United Stat…

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