United States v. Daniel Wayne Bates

Fifth Circuit

United States v. Daniel Wayne Bates

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

CourtCourt of Appeals for the Fifth Circuit

DecidedDecember 23, 1971

Docket71-1549

StatusPublished

This text of 453 F.2d 1373 (United States v. Daniel Wayne Bates) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth 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 v. Daniel Wayne Bates, 453 F.2d 1373, 1971 U.S. App. LEXIS 6453 (5th Cir. 1971).

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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).

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453 F.2d 1373, 1971 U.S. App. LEXIS 6453, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-daniel-wayne-bates-ca5-1971.

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