Edward Salvatore Rusk v. United States

Ninth Circuit

Edward Salvatore Rusk v. United States

425 F.2d 262, 1970 U.S. App. LEXIS 9656

CourtCourt of Appeals for the Ninth Circuit

DecidedApril 21, 1970

Docket24873_1

StatusPublished

This text of 425 F.2d 262 (Edward Salvatore Rusk v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Edward Salvatore Rusk v. United States, 425 F.2d 262, 1970 U.S. App. LEXIS 9656 (9th Cir. 1970).

Pincite

Opinion

PER CURIAM.

Appellant was convicted by a jury of conspiracy to smuggle and transport, and with smuggling of marihuana into the United States, in violation of 21 U.S.C. § 176a.

We have examined the record and hold: (1) that evidence of similar offenses on the part of appellant was relevant and its probative value outweighed any incidental prejudice, and, therefore, was admissible. DeCarlo v. United States, 422 F.2d 237, (9th Cir., 1970); (2) that the instances in which the prosecutor’s conduct might be deemed improper were promptly recognized and rendered harmless by the actions of the trial judge.

Appellant had a fair trial and the judgment of the lower court must be, and is, affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Appellant was convicted by a jury of conspiracy to smuggle and transport, and with smuggling of marihuana into the United States, in violation of 21 U.S.C. § 176a.

We have examined the record and hold: (1) that evidence of similar offenses on the part of appellant was relevant and its probative value outweighed any incidental prejudice, and, therefore, was admissible. DeCarlo v. United States, 422 F.2d 237, (9th Cir., 1970); (2) that the instances in which the prosecutor’s conduct might be deemed improper were promptly recognized and rendered harmless by the actions of the trial judge.

Appellant had a fair trial and the judgment of the lower court must be, and is, affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

425 F.2d 262, 1970 U.S. App. LEXIS 9656, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edward-salvatore-rusk-v-united-states-ca9-1970.

Opinion

Related

Cite This Page — Counsel Stack