Melvin Colbert v. United States

355 F.2d 550, 1966 U.S. App. LEXIS 7361

• Court: Court of Appeals for the Fifth Circuit
• Decided: January 28, 1966
• Docket: 22494
• Status: Published

Opinion

PER CURIAM:

Appellant was convicted by a jury of narcotics violations (26 U.S.C.A., Sections 4704(a) and 4705(a)). The record as a whole clearly and convincingly supports the verdict. Appellant complains of the testimony of one witness as to statements allegedly made by appellant at an arrest on another occasion. The testimony was not responsive to the question asked and the court promptly and clearly instructed the jury to disregard it. The denial of the motion for a mistrial was correct. Rule 52(a), Federal Rules of Criminal Procedure; Helton v. United States, 5 Cir., 1955, 221 F.2d 338; Mora v. United States, 5 Cir., 1961, 190 F.2d 749.

Affirmed.