John Henry Campbell v. United States

Ninth Circuit

John Henry Campbell v. United States

297 F.2d 526

Court of Appeals for the Ninth Circuit·Decided March 19, 1962·No. 17163_1·Published

Opinion

PER CURIAM.

The judgment of conviction is affirmed.

We find the evidence sufficient and the instructions taken as a whole free from any consequential error. Isolated, some fault can be found with certain individual instructions.

A point is made about illegal search and seizure. Nothing appears in the record that would enable this Court to say there was an illegal search or seizure. The defendant did not before conviction ever so contend. Nothing appears that was either shocking or out of order. It was not incumbent upon the government to make a detour and affirmatively, in effect, challenge its own evidence.

Court appointed counsel here has done exceedingly well with his presentation of the appeal, although we cannot agree with him.

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PER CURIAM.

The judgment of conviction is affirmed.

We find the evidence sufficient and the instructions taken as a whole free from any consequential error. Isolated, some fault can be found with certain individual instructions.

A point is made about illegal search and seizure. Nothing appears in the record that would enable this Court to say there was an illegal search or seizure. The defendant did not before conviction ever so contend. Nothing appears that was either shocking or out of order. It was not incumbent upon the government to make a detour and affirmatively, in effect, challenge its own evidence.

Court appointed counsel here has done exceedingly well with his presentation of the appeal, although we cannot agree with him.

John Henry Campbell v. United States, 297 F.2d 526 (9th Cir. 1962).

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