United States v. Kenneth Lee Windes

413 F.2d 1407

• Court: Court of Appeals for the Ninth Circuit
• Decided: November 17, 1969
• Docket: 23680
• Status: Published

Opinion

PER CURIAM:

Appellant, convicted of attempted escape (18 U.S.C. § 751) and assault of a United States Marshal (18 U.S.C. § 111), urges three grounds upon this appeal. First, that cross-examination of a defense witness (who participated in the crimes charged) as to six prior alleged felony convictions when he admitted but three was error; second, that certain unrequested instructions should have been given because this was a complex trial; third, that conducting a trial in a courtroom where noises from outside the room could be heard at times was a denial of due process.

We hold there was no error in any of the three matters urged and we affirm the conviction. The appeal approaches the frivolous.