United States of America, and v. William Ferrell Porter

Ninth Circuit

United States of America, and v. William Ferrell Porter

432 F.2d 548

CourtCourt of Appeals for the Ninth Circuit

DecidedNovember 23, 1970

Docket24978

StatusPublished

Cited by1 cases

This text of 432 F.2d 548 (United States of America, and v. William Ferrell Porter) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States of America, and v. William Ferrell Porter, 432 F.2d 548 (9th Cir. 1970).

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Opinion

PER CURIAM:

The judgment of conviction is affirmed.

On the point of full disclosure of the prosecutor’s file, defendant is concluded by Palermo v. United States, 360 U.S. 343, 79 S.Ct. 1217, 3 L.Ed.2d 1287. See *549 also Edmondson v. United States, 10 Cir., 402 F.2d 809. The jury instructions to which defendant objects have been approved in our Jones v. United States, 9 Cir., 378 F.2d 340.

We find the early questioning without Miranda warnings were all pre-custody, arrest or restraint.

In closing argument, the prosecutor commented on defendant not telling the F.B.I. the story he told on the witness stand. But he did talk at the interview, and what he said was inconsistent with his later story. We think here the comment was inept, but we do not find it plain error. The argument was to some extent factually incorrect. The jury probably knew it to be so.

Counsel for defendant has presented an able brief, but we simply cannot agree with it.

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