Court of Appeals for the Ninth Circuit May 8, 1970, 24673 (United States v. William Walter Wanger)

PER CURIAM.

The judgment of conviction is vacated, and the cause is remanded for a new trial. Wade v. United States, 426 F.2d 64 (9th Cir. Mar. 30, 1970).

The appellant did not forfeit his rights under Wade by failing to object to jury instructions which applied the law as it was firmly established prior to

Wade,

nor should he be penalized for his attorney’s not having requested jury instructions