Opinion
No. 75-1503.
January 26, 1976.
Glenn A. Stanberry, Jr., of Davidson Davidson, Foster City, Cal., for defendant-appellant.
Harry J. McCarthy, Asst. U.S. Atty., Seattle, Wash., for plaintiff-appellee.
Appeal from the United States District Court for the Western District of Washington.
ORDER OF AFFIRMANCE
The court properly instructed the jury on the government's burden of proof. It also properly instructed the jury on appellant's alibi, stating that if there were reasonable doubt whether appellant was present at the time and place of the alleged offense, the jury must acquit him. These instructions completely covered appellant's theory and we find no error in the district court's refusal to give the specific instruction that appellant requested. United States v. Noah, 475 F.2d 688, 697 (9th Cir. 1973).
Affirmed.