United States v. Clifford D. Lewis

448 F.2d 788

• Court: Court of Appeals for the Ninth Circuit
• Decided: November 17, 1971
• Docket: 71-1001_1
• Status: Published

Opinion

PER CURIAM:

The judgment of conviction in this case of theft from the United States mail is affirmed.

The trial courts made several close rulings in Miranda, 1 Griffin v. California, 2 and Jackson v. Denno 3 areas. If error, it was not aggravated.

We find the properly admissible evidence was so overwhelming that Chapman 4 and Harrington 5 indicate the conviction should be affirmed. However, the procedure here followed in inquiring into admissions would result, under Jackson v. Denno, in a reversal in a close ease.

We find the issue about the trial court’s response to a question of the jury not well taken.

1 . Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).

2 . Griffin v. California, 380 U.S. 609, 85 S.Ct. 1229, 14 L.Ed.2d 106 (1965).

3 . Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed.2d 908 (1964).

4 . Chapman v. California, 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705 (1966).

5 . Harrington v. California, 395 U.S. 250, 89 S.Ct. 1726, 23 L.Ed.2d 284 (1969).