Wilburt King v. United States

369 F.2d 213

Opinions

DANAHER, Circuit Judge:

This appellant on September 29, 1962 sold narcotics to a police informant, one Harris who had known the appellant for some six to eight years. An undercover officer, Moore, witnessed the sale. Both Moore and Harris identified the appellant after he had been arrested and at trial. About five and a half months later, Moore ceased his undercover work and obtained warrants for the arrest of various narcotics suspects, including this appellant. Thereafter, for approximately seven months according to police testimony before two different District Judges, continuous and diligent search was made before police on October 28, 1963 were successful in arresting the appellant.

The appellant remained at liberty on bail throughout as trial continuances were granted on several occasions at the request of the appellant’s counsel. Then when trial was ready to proceed on September 15, 1964, the appellant jumped bail and his bond was forfeited. He remained at liberty for more than seven months.

Thereupon following his re-arrest, the appellant moved to dismiss the indictment on the ground that delay between the date of the offense and arrest had violated his Fifth Amendment rights of due process and his Sixth Amendment rights to a speedy trial.

At the trial on June 28, 1965, the appellant did not testify, and the jury’s verdict of guilty followed.

Our careful review of the record has satisfied us that the appellant is not entitled to a reversal of his conviction. United States v. Ewell, 383 U.S. 116, 120, 122, 86 S.Ct. 773, 15 L.Ed.2d 627 (1966); Jackson v. United States, 122 U.S.App.D.C. 124, 351 F.2d 821 (1965); Redfield v. United States, 117 U.S.App.D.C. 231, 328 F.2d 532, cert. denied, 377 U.S. 972, 84 S.Ct. 1654, 12 L.Ed.2d 741 (1964); Powell v. United States, 122 U.S.App.D.C. 229, 352 F.2d 705 (1965); United States v. Wilson, 342 F.2d 782 (2 Cir. 1965).

The judgment of conviction is Affirmed.¹

Footnotes

1

. After argument appellant asked that we defer a decision pending hearing upon his motion for a new trial which had been filed in the District Court on February 24, 1966. That motion was denied. An appeal from that denial, Xo. 20138, King v. United States, was thereupon consolidated with the instant case, and the District Court’s order is affirmed.