Public-domain · open source
OpenJurist

251 F.2d 381

Docket No. 13806.

Cook v. United States

District of Columbia Circuit Court of Appeals

Argued Dec. 5, 1957. Decided Dec. 26, 1957.

District of Columbia Circuit Court of Appeals · decided 1957-12-26

Cited by 3 later decisions — most recently January 1959

3 federal appellate ·

2 counsel of record

Relies on Brownell v. Kaufman · Memphis Light, Gas & Water Division v. Federal Power Commission

Good law ✅— No negative treatment on recordhow we know

Opinion by Per Curiam · Decided 1957-12-26

View the full empirical analysis of this case →

Appeal from the United States District Court for the District of Columbia; Luther W. Youngdahl, Judge.

Mr. Philip W. Amram, Washington, D.C. (appointed by this court) for appellant.

Mr. E. Tillman Stirling, Asst. U.S. Atty., with whom Messrs. Oliver Gasch, U.S. Atty., Lewis Carroll and Thomas Flannery, Asst. U.S. Attys., were on the brief, for appellee.

Before EDGERTON, Chief Judge, and WASHINGTON and BASTIAN, Circuit judges.

PER CURIAM.

¶1

Appellant was indicted for first degree murder, convicted of second degree murder, and appeals. At the trial, the appellant sought to establish self-defense.

¶2

Counsel appointed by this court has conscientiously examined the record and has presented all questions about which some contention could reasonably be made. As a result he has vigorously pressed upon us three points admittedly not raised in the District Court but which he asks us to consider under the provisions of F.R.Crim.P. 52(b), 18 U.S.C.A.1

¶3

We have caeefully reviewed the entire stenorgaphic record of the trial and find no error affecting substantial rights. The defendant was accorded a fair trial, had the assistence of competent counsel in the District Court for his defense, and no good reason exists for disturbing the judgment.

¶4

Affirmed.

1

'Plain errors or defects affecting substantial rights may be noticed although they were not brought to the attention of the court.'

/251/f2d/381 · .json · Public domain