United States v. Robert B. Corson, Eugene J. McCullough Engene J. McCullough
This text of 389 F.2d 563 (United States v. Robert B. Corson, Eugene J. McCullough Engene J. McCullough) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
OPINION OF THE COURT
This is an appeal from a conviction for bank robbery. The principal contention is that the court below erred in failing to instruct the jury that prior statements of a defense witness, inconsistent with his trial testimony that the accused did not participate in the crime, could be used only to impeach his testimony and not as affirmative proof of the matter therein asserted.
The omission of this item from the charge was not brought to the attention of the trial court at the conclusion of the charge or even in a motion for a new trial. With the matter now raised for the first time, we do not view the alleged error as one of such type and potential prejudicial consequence as to require a corrective reversal under Rule 52(b), Federal Rules of Criminal Procedure.
No other point made on this appeal discloses reversible error.
The judgment will be affirmed.
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Cite This Page — Counsel Stack
389 F.2d 563, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-robert-b-corson-eugene-j-mccullough-engene-j-ca3-1968.