United States v. Peter Anthony Cherico
This text of 462 F.2d 178 (United States v. Peter Anthony Cherico) 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.
Opinion
A jury convicted Peter Anthony Cher-ico of the murder (in the second degree) of Lynda- Yvonne Heishman, committed on the Fort Sam Houston Military Reservation. 18 U.S.C. § 1111. Cherico was sentenced to life imprisonment, subject to the provisions of 18 U.S.C. § 4208(a) (2). He appeals.
It is now contended that (1) the evidence was insufficient to establish beyond a reasonable doubt that the alleged offense was committed on the Military Reservation; (2) that the evidence was insufficient to connect the defendant with the commission of the homicide; and (3) although not objected to at the trial, error was committed in not applying the exclusionary rule to two law enforcement officers who testified in the case.
This case has had the thorough consideration which its gravity deserves, but we find nothing in the trial record which could possibly justify a reversal. The points raised on appeal, while argu *179 able, under a wealth of well established judicial precedent are without merit.
It necessarily follows that the conviction must be, and it is
Affirmed.
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Cite This Page — Counsel Stack
462 F.2d 178, 1972 U.S. App. LEXIS 8764, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-peter-anthony-cherico-ca5-1972.