United States of America, Plaintiff-appellee, v. Lester Alvin Youpee, Jr., Defendant-appellant, 413 F.2d 547 (9th Cir. 1969)

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US Court of Appeals for the Ninth Circuit - 413 F.2d 547 (9th Cir. 1969) August 11, 1969

Appeal from the United States District Court for the District of Montana; Russell E. Smith, Judge.

Ward Swanser (argued), Billings, Mont., for appellant.

Otis L. Packwood (argued), Asst. U. S. Atty., Moody Brickett, U. S. Atty., Clifford E. Schleusner, Asst. U. S. Atty., Butte, Mont., for appellee.

Before CHAMBERS and MERRILL, Circuit Judges, and POWELL, District Judge.


We think in this case too much possibility of a conflict between two defendants did develop on the eve of trial to continue to permit one court-appointed lawyer to represent both defendants.

Therefore, the judgment is reversed.