Albert E. Blackshear v. United States

252 F.2d 853

Opinion

PER CURIAM.

Blackshear was convicted of robbery and assault with a deadly weapon. On appeal he argues that his arrest was illegal and that the decision of the Supreme Court in the Mallory case 1 precluded the admission of certain statements which he made.

Since he did not raise the point below, and since the circumstances do not call for an application of Rule 52(b), 18 U.S.C.A., we do not consider the alleged error. 2 Lawson v. United States, 1957, 101 U.S.App.D.C. 332, 248 F.2d 654. The judgment of the District Court is therefore

Affirmed.

1 . Mallory v. United States, 1957, 354 U.S. 449, 77 S.Ct. 1356, 1 L.Ed.2d 1479.

2 . The statements made were in the nature of an alibi. Conviction evidently rested on other evidence, chiefly that of the victim.