William Reid Black v. United States

367 F.2d 580, 1966 U.S. App. LEXIS 4753

• Court: Court of Appeals for the Fourth Circuit
• Decided: October 10, 1966
• Docket: 10620
• Status: Published

Opinion

PER CURIAM:

Appellant Black was convicted by a jury upon an indictment charging him with the theft of merchandise from an interstate shipment in violation of 18 U.S.C. § 659. Upon careful consideration of the briefs filed, the oral arguments of counsel and the entire record, we affirm the judgment below.

On appeal appellant assigns as error the District Court’s instructions to the jury concerning an interstate shipment and the weight to be given to the testimony of an accomplice. Appellant offered no objection below to the instructions as required by Rule 30 of the Fed eral Rules of Criminal Procedure and, although Rule 52(b) permits this court to notice plain error affecting substantial rights, we find no such error here.

Affirmed.