Public-domain · open source
OpenJurist

392 F.2d 44

Docket No. 21780.

Thomas v. United States

Ninth Circuit Court of Appeals

Decided April 1, 1968.

Ninth Circuit Court of Appeals · decided 1968-04-01

Cited by 1 later decisions — most recently April 1968

1 federal appellate ·

2 counsel of record

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1968-04-01

View the full empirical analysis of this case →

¶1C. V. Worrell of Worrell & Niles, Los Angeles, Cal., for appellant.

¶2William Matthew Byrne, Jr., U. S. Atty., Robert L. Brosio, Asst. U. S. Atty., Chief, Criminal Division, Craig B. Jorgensen, Asst. U. S. Atty., Los Angeles, for appellee.

¶3Before CHAMBERS and HAMLEY, Circuit Judges, and SMITH, District Judge.*

¶5PER CURIAM:

¶6On this appeal from a narcotics (marijuana) conviction, the appellants have two points: First, prejudicial remarks by government counsel and, second, insufficiency of the evidence.

¶7The Assistant United States Attorney was overly expansive in an opening statement, and defendants moved for a mistrial. The motion was denied and the jury properly cautioned to disregard the statements. Approximately the same material later did come into evidence without objection. We find the point without merit.

¶8Further, we find the evidence adequately supports the guilty verdict and judgment of conviction.

/392/f2d/44 · .json · Public domain