United States v. Francis X. Morin, Jr. Appeal of Albert Lamolinare

Third Circuit

United States v. Francis X. Morin, Jr. Appeal of Albert Lamolinare

458 F.2d 990, 1972 U.S. App. LEXIS 10114

Court of Appeals for the Third Circuit·Decided April 12, 1972·No. 71-1274·Published·Cited by 1 cases

Opinion

OPINION OF THE COURT

PER CURIAM:

The alleged objectionable statements in the jury instructions asserted for the first time in this court could have been easily remedied by the Trial Judge by simple curative language. Instead of raising these objections voiced in the district court, counsel for appellant expressed himself as “satisfied” with the charge. We can perceive no basis for sustaining the appeal on this issue. *991 United States v. Chicarelli, 445 F.2d 1111 (3 Cir. 1971).

There is sufficient evidence from which the jury could have inferred that the appellant was an aider and abettor in the Pittsburgh National Bank robbery. 18 U.S.C. § 2. This ground also is ineffectual. United States v. Bradley, 447 F.2d 657, 659-660 (3 Cir. 1971).

We perceive no reversible error in this record. The judgment of conviction will be affirmed.

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OPINION OF THE COURT

PER CURIAM:

The alleged objectionable statements in the jury instructions asserted for the first time in this court could have been easily remedied by the Trial Judge by simple curative language. Instead of raising these objections voiced in the district court, counsel for appellant expressed himself as “satisfied” with the charge. We can perceive no basis for sustaining the appeal on this issue. *991 United States v. Chicarelli, 445 F.2d 1111 (3 Cir. 1971).

There is sufficient evidence from which the jury could have inferred that the appellant was an aider and abettor in the Pittsburgh National Bank robbery. 18 U.S.C. § 2. This ground also is ineffectual. United States v. Bradley, 447 F.2d 657, 659-660 (3 Cir. 1971).

We perceive no reversible error in this record. The judgment of conviction will be affirmed.

United States v. Francis X. Morin, Jr. Appeal of Albert Lamolinare, 458 F.2d 990, 1972 U.S. App. LEXIS 10114 (3d Cir. 1972).

Pincite

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Opinion

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