United States v. Terry Lee Brown

Third Circuit

United States v. Terry Lee Brown

471 F.2d 297, 1972 U.S. App. LEXIS 6844

CourtCourt of Appeals for the Third Circuit

DecidedNovember 6, 1972

Docket72-1303

StatusPublished

Cited by4 cases

This text of 471 F.2d 297 (United States v. Terry Lee Brown) 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.

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United States v. Terry Lee Brown, 471 F.2d 297, 1972 U.S. App. LEXIS 6844 (3d Cir. 1972).

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Opinion

OPINION OF THE COURT

PER CURIAM:

Appellant Brown with two codefendants was indicted for violations of Title 18 U.S.C. Sections 2113 and 2. Together with his codefendants, appellant was tried to a jury on a four-count indictment. The jury returned a verdict of guilty on Count 2, not guilty on Count 3, and the court dismissed Counts 1 and 4. On appeal two arguments are advanced.

First, appellant contends that the government did not present credible evidence against him. He urges that the testimony of his former girl friend, who testified on behalf of the government, was unworthy of belief. Clearly, this argument is without merit. “It is not for us to weigh the evidence or to determine the credibility of witnesses.” Glasser v. United States, 315 U.S. 60, 80, 62 S.Ct. 457, 469, 86 L.Ed. 680 (1942). Evaluating the credibility of witnesses is for the jury; it is not a function of the reviewing court. United States v. Scales, 464 F.2d 371 (C.A. 6, 1972); United States v. Miller, 460 F.2d 582 (C.A.10, 1972); Burge v. United States, 333 F.2d 210 (C.A.9, 1964); United States v. Avellino, 216 F.2d 877 (C.A. 3, 1954).

Finally, error is predicated upon the failure of the district court to sever the appellant’s trial from that of his co-defendants. We find this contention also to be without merit.

The judgment of the district court will be affirmed.

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OPINION OF THE COURT

PER CURIAM:

Appellant Brown with two codefendants was indicted for violations of Title 18 U.S.C. Sections 2113 and 2. Together with his codefendants, appellant was tried to a jury on a four-count indictment. The jury returned a verdict of guilty on Count 2, not guilty on Count 3, and the court dismissed Counts 1 and 4. On appeal two arguments are advanced.

First, appellant contends that the government did not present credible evidence against him. He urges that the testimony of his former girl friend, who testified on behalf of the government, was unworthy of belief. Clearly, this argument is without merit. “It is not for us to weigh the evidence or to determine the credibility of witnesses.” Glasser v. United States, 315 U.S. 60, 80, 62 S.Ct. 457, 469, 86 L.Ed. 680 (1942). Evaluating the credibility of witnesses is for the jury; it is not a function of the reviewing court. United States v. Scales, 464 F.2d 371 (C.A. 6, 1972); United States v. Miller, 460 F.2d 582 (C.A.10, 1972); Burge v. United States, 333 F.2d 210 (C.A.9, 1964); United States v. Avellino, 216 F.2d 877 (C.A. 3, 1954).

Finally, error is predicated upon the failure of the district court to sever the appellant’s trial from that of his co-defendants. We find this contention also to be without merit.

The judgment of the district court will be affirmed.

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471 F.2d 297, 1972 U.S. App. LEXIS 6844, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-terry-lee-brown-ca3-1972.

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