Citation Codes Equivalent Citations citation codes Docket Number No. 75-1503. Attorney(S) Glenn A. Stanberry, Jr., of Davidson Davidson, Foster City, , for defendant- Harry J. McCarthy, U.S. , Seattle, , for plaintiff- Judges Richard Harvey Chambers Dick Yin Wong See more information ... Smart Summary Please sign up to generate summary. THE UNITED STATES, PLAINTIFF-APPELLEE, v. JAMES HENRY AUDETT, DEFENDANT-APPELLANT. 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.