v3505-147

EIUED

Jb'N 1 2 1950

WM E mCK CLERK

IN THE UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

^MES RILEY, JR.

and )

RANK MARSHALL

/

Appellants, )

vs.

^ITED STATES OF AMERICA, )

Appellees. - )

)

/

'^N 16^,999

No. 2 2 5 11

PETITION FOR REHEARING

COMES NOW the Appellant JAMES RILEY, JR. , and pursuant

' Rule 40 (a) of the Rules of Appellate Procedure, herewith submits this

Jtition for Rehearing of the Opinion filed May 28, 1969, in this Court, affirm-

g his conviction, the subject of the above-entitled Appeal by said Appellant.

The following points are suggested for rehearing:

1. The Court's conclusion that the informer was shown to have

len reliable Appellant submits was not warranted by credible evidence.

1. That the trial Court's failure to require disclosure of the

entity of the informer inhibited Appellant from testing by cross-examination

e extent of the claimed reliability.

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