James Brown, Jr. v. United States

Fifth Circuit

James Brown, Jr. v. United States

375 F.2d 769, 1967 U.S. App. LEXIS 6733

CourtCourt of Appeals for the Fifth Circuit

DecidedApril 14, 1967

Docket23871_1

StatusPublished

Cited by2 cases

This text of 375 F.2d 769 (James Brown, Jr. 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.

Bluebook

James Brown, Jr. v. United States, 375 F.2d 769, 1967 U.S. App. LEXIS 6733 (5th Cir. 1967).

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Opinion

PER CURIAM.

Upon careful consideration it is clear that appellant’s attack upon the judgment of guilty on the ground that the unsupported evidence of his co-defendant Adams was not sufficient to warrant submission of case to the jury cannot prevail. See Ward v. United States, 5 Cir. 1962, 296 F.2d 898.

The other point relied upon by appellant, complaining of the court’s *770 charge relative to the “admission or confession” contained in the statement voluntarily given by Brown, was not saved for our consideration by an exception made to the charge at the time of trial. We think the charge as a whole gave the defendant a fair trial and no error has been shown that would warrant our applying the plain error rule, Rule 52 F.R. Crim.P.

The judgment is affirmed.

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PER CURIAM.

Upon careful consideration it is clear that appellant’s attack upon the judgment of guilty on the ground that the unsupported evidence of his co-defendant Adams was not sufficient to warrant submission of case to the jury cannot prevail. See Ward v. United States, 5 Cir. 1962, 296 F.2d 898.

The other point relied upon by appellant, complaining of the court’s *770 charge relative to the “admission or confession” contained in the statement voluntarily given by Brown, was not saved for our consideration by an exception made to the charge at the time of trial. We think the charge as a whole gave the defendant a fair trial and no error has been shown that would warrant our applying the plain error rule, Rule 52 F.R. Crim.P.

The judgment is affirmed.

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375 F.2d 769, 1967 U.S. App. LEXIS 6733, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-brown-jr-v-united-states-ca5-1967.

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