Opinion

James Brown, Jr. v. United States

  • 375 F.2d 769
  • 1967 U.S. App. LEXIS 6733
Court
Court of Appeals for the Fifth Circuit
Filed
Apr 14, 1967
Status
Published
On the bench
Tuttle, Ainsworth, Fulton
Cited by
1 cases
Authority
More cited than 72.4%

The opinion

PER CURIAM.

Upon careful consideration it is clear that appellant’s attack upon the judgment of guilty on the ground that the unsupported evidence of his co-defendant Adams was not sufficient to warrant submission of case to the jury cannot prevail. See Ward v. United States, 5 Cir. 1962, 296 F.2d 898 .

The other point relied upon by appellant, complaining of the court’s

*770

charge relative to the “admission or confession” contained in the statement voluntarily given by Brown, was not saved for our consideration by an exception made to the charge at the time of trial. We think the charge as a whole gave the defendant a fair trial and no error has been shown that would warrant our applying the plain error rule, Rule 52 F.R. Crim.P.

The judgment is affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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