United States v. Daniel Wayne Bates

Fifth Circuit

United States v. Daniel Wayne Bates

453 F.2d 1373, 1971 U.S. App. LEXIS 6453

Court of Appeals for the Fifth Circuit·Decided December 23, 1971·No. 71-1549·Published

Opinion

PER CURIAM:

Affirmed. See Local Rule 21. 1 , 2

1

. See NLRB v. Amalgamated Clothing Workers of America, 430 F.2d 966 (5th Cir. 1970).

2

. On appeal, defendant complains of admission of improper lineup identification evidence. In view of the overwhelming other evidence of identification, any error was harmless. All other asserted errors relate to his claim that he was “morally insane.” The issues assert that the government failed to prove sanity, that his motion for a judgment of acquittal should have been granted, and that the jury could not have found him sane under the court’s instruction applying the test laid down in Blake v. United States, 407 F.2d 908 (5th Cir. 1969).

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PER CURIAM:

Affirmed. See Local Rule 21. 1 , 2

1

. See NLRB v. Amalgamated Clothing Workers of America, 430 F.2d 966 (5th Cir. 1970).

2

. On appeal, defendant complains of admission of improper lineup identification evidence. In view of the overwhelming other evidence of identification, any error was harmless. All other asserted errors relate to his claim that he was “morally insane.” The issues assert that the government failed to prove sanity, that his motion for a judgment of acquittal should have been granted, and that the jury could not have found him sane under the court’s instruction applying the test laid down in Blake v. United States, 407 F.2d 908 (5th Cir. 1969).

United States v. Daniel Wayne Bates, 453 F.2d 1373, 1971 U.S. App. LEXIS 6453 (5th Cir. 1971).

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Opinion

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