Lloyd Thomas and Kenneth White v. United States

Ninth Circuit

Lloyd Thomas and Kenneth White v. United States

392 F.2d 44, 1968 U.S. App. LEXIS 7498

Court of Appeals for the Ninth Circuit·Decided April 1, 1968·No. 21780·Published

Opinion

PER CURIAM:

On this appeal from a narcotics (marijuana) conviction, the appellants have two points: First, prejudicial remarks by government counsel and, second, insufficiency of the evidence.

The Assistant United States Attorney was overly expansive in an opening statement, and defendants moved for a mistrial. The motion was denied and the jury properly cautioned to disregard the statements. Approximately the same material later did come into evidence without objection. We find the point without merit.

Further, we find the evidence adequately supports the guilty verdict and judgment of conviction.

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PER CURIAM:

On this appeal from a narcotics (marijuana) conviction, the appellants have two points: First, prejudicial remarks by government counsel and, second, insufficiency of the evidence.

The Assistant United States Attorney was overly expansive in an opening statement, and defendants moved for a mistrial. The motion was denied and the jury properly cautioned to disregard the statements. Approximately the same material later did come into evidence without objection. We find the point without merit.

Further, we find the evidence adequately supports the guilty verdict and judgment of conviction.

Lloyd Thomas and Kenneth White v. United States, 392 F.2d 44, 1968 U.S. App. LEXIS 7498 (9th Cir. 1968).

Pincite

392 F.2d 44 (Lloyd Thomas and Kenneth White v. United States) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.