Opinion

Morrison v. United States

  • 417 A.2d 409
  • 1980 D.C. App. LEXIS 324
Court
District of Columbia Court of Appeals
Filed
Jun 16, 1980
Status
Published
Author
Newman
On the bench
Newman, Harris
Cited by
29 cases
Authority
More cited than 7.5%

“It is a first principle that the jury, as finder of fact, has the function of determining the credibility of witnesses, the weighing of the evidence, and the drawing of justifiable inferences ' from proven facts.”

How later courts described this case

  • “It is a first principle that the jury, as finder of fact, has the function of determining the credibility of witnesses, the weighing of the evidence, and the drawing of justifiable inferences ' from proven facts.”
  • fact that pistol was never recovered did not prevent jury from inferring it was operable based on victim's testimony about how pistol was displayed
  • robbery victim forced to lie on the floor by appellant, who stood above and pointed a gun at him
  • operability of pistol may be proved by circumstantial evidence

Written by the judges who cited it.

The opinion

NEWMAN, Chief Judge,

dissenting:

I decline to join the majority’s unprincipled holding that because an object looked like a pistol and was described by the victim of an armed robbery as being one, a jury could conclude beyond a reasonable doubt that it was a pistol in operable condition. To affirm a conviction of carrying a pistol without a license on such lack of proof of operability raises issues of constitutional dimension. See Mullaney v. Wilbur, 421 U.S. 684 , 95 S.Ct. 1881 , 44 L.Ed.2d 508 (1975) (prosecution must establish each element of an offense beyond a reasonable doubt); Thompson v. City of Louisville, 362 U.S. 199 , 80 S.Ct. 624 , 4 L.Ed.2d 654 (1960) (conviction devoid of evidentiary support violates the Due Process Clause).

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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