Audy W. Deere, Appellant, v. United States of America, Appellee, 268 F.2d 912 (9th Cir. 1959)

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US Court of Appeals for the Ninth Circuit - 268 F.2d 912 (9th Cir. 1959) June 17, 1959

Warren W. Taylor, Fairbanks, Alaska, Fred D. Crane, Kotzebue, Alaska, for appellant.

Malcolm R. Wilkey, Asst. Atty. Gen., Daniel R. Ohlbaum, Atty., Dept. of Justice, Washington, D. C., George M. Yeager, U. S. Atty., Fairbanks, Alaska, for appellee.

John L. Rader, Atty. Gen., State of Alaska, Jack O'Hair Asher, Asst. Atty. Gen., Juneau, Alaska, amici curiae.

Before CHAMBERS, BARNES and JERTBERG, Circuit Judges.

PER CURIAM.


The appellant, Deere, was sentenced on February 26, 1959, [judgment was entered March 3, 1959] for the offense of operating a motor vehicle while under the influence of liquor. See § 50-5-3 of the Alaska Compiled Laws Annotated 1949. The offense was committed prior to Alaskan statehood, but the trial in the district court occurred after statehood. For the reasons stated in Parker v. McCarrey, 9 Cir., 268 F.2d 907, we hold we have no jurisdiction to entertain this appeal. Accordingly, the motion to dismiss is granted.

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