David Solomon Pinckney v. United States

Fifth Circuit

David Solomon Pinckney v. United States

352 F.2d 69, 1965 U.S. App. LEXIS 4096

CourtCourt of Appeals for the Fifth Circuit

DecidedNovember 2, 1965

Docket22452_1

StatusPublished

Cited by13 cases

This text of 352 F.2d 69 (David Solomon Pinckney v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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David Solomon Pinckney v. United States, 352 F.2d 69, 1965 U.S. App. LEXIS 4096 (5th Cir. 1965).

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Opinion

*70 PER CURIAM:

The ground of appeal from this conviction and sentence for violation of Federal Liquor laws is that the trial court abused its discretion in denying the jury’s request to cause portions of the testimony reread to it after retirement.

Ordinarily, the question of whether testimony should be reread at the jury’s request is a matter within the discretion of the trial judge. Easley v. United States, 5 Cir., 261 F.2d 276; Sears v. United States, 5 Cir., 343 F.2d 139. This rule is peculiarly applicable where, as here, the trial court summarized the testimony and appellant concedes that the trial court’s summary was accurate as to the particular bit of evidence that was the subject of inquiry.

The judgment is affirmed.

The Court expresses its appreciation to appointed counsel in this case.

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