Edward Worth Menefield and Mary Thompson v. United States

Ninth Circuit

Edward Worth Menefield and Mary Thompson v. United States

355 F.2d 662

Court of Appeals for the Ninth Circuit·Decided March 16, 1966·No. 20213_1·Published

Opinion

*663 PER CURIAM.

From our examination of the record, we cannot overturn as clearly erroneous the finding of the trial court that consent to a search which turned up important real evidence was freely given. Appellants attack the evidence obtained and assert that it was the fruit of an illegal arrest. This is only important if the consent was not freely given. Davis v. State of California, 9 Cir., 341 F.2d 982, 985.

Certain statements of defendants made concurrent with the arrest were admitted in evidence. The circumstances of the arrest were not shocking. No Sixth Amendment grounds were asserted at the trial. In our judgment, in the setting here, the principles applied in Es-cobedo v. State of Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977, are not applicable.

The judgments of conviction are affirmed.

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*663 PER CURIAM.

From our examination of the record, we cannot overturn as clearly erroneous the finding of the trial court that consent to a search which turned up important real evidence was freely given. Appellants attack the evidence obtained and assert that it was the fruit of an illegal arrest. This is only important if the consent was not freely given. Davis v. State of California, 9 Cir., 341 F.2d 982, 985.

Certain statements of defendants made concurrent with the arrest were admitted in evidence. The circumstances of the arrest were not shocking. No Sixth Amendment grounds were asserted at the trial. In our judgment, in the setting here, the principles applied in Es-cobedo v. State of Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977, are not applicable.

The judgments of conviction are affirmed.

Edward Worth Menefield and Mary Thompson v. United States, 355 F.2d 662 (9th Cir. 1966).

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Opinion

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