391 F2d 281 Gregory v. United States

391 F.2d 281

Leoplian J. GREGORY, Appellant,
UNITED STATES of America, Appellee.

No. 21807.

United States Court of Appeals Ninth Circuit.

Feb. 20, 1968.

Charles Kellar (argued), Las Vegas, Nev., for appellant.

Joseph Ward (argued), U.S. Atty., Robert S. Linnell, Asst. U.S. Atty., Las Vegas, Nev. (argued), for appellee.

Before CHAMBERS, MERRILL, and DUNIWAY, Circuit Judges.


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The judgment of conviction is affirmed.


The objections to the receipt in evidence of fingerprints and handwriting exemplars of Gregory without Escobedo-Miranda1 warnings are not valid. Schmerber v. State of California, 384 U.S. 757, 86 S.Ct. 1826, 16 L.Ed.2d 908; Gilbert v. State of California, 388 U.S. 263, 87 S.Ct. 1951, 18 L.Ed.2d 1178; Lewis v. United States, D.C.Cir., 382 F.2d 817.


The objection about no Negro on the jury (one was called but was removed by a peremptory challenge) we reject. There was no timely challenge to the panel.


Other points, too, we find without merit.


Escobedo v. State of Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977; Miranda v. State of Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694