413 F2d 1407 United States v. Windes

413 F.2d 1407

UNITED STATES of America, Appellee,
Kenneth Lee WINDES, Appellant.

No. 23680.

United States Court of Appeals Ninth Circuit.

July 18, 1969.

Certiorari Denied November 17, 1969.

See 90 S.Ct. 273.

Richard D. Totter (appeared), San Francisco, Cal., for appellant.

John S. Obenour (appeared), Asst. U. S. Atty., Eugene G. Cushing, U. S. Atty., Tacoma, Wash., for appellee.

Before BARNES, HAMLIN and MERRILL, Circuit Judges.


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Appellant, convicted of attempted escape (18 U.S.C. § 751) and assault of a United States Marshal (18 U.S.C. § 111), urges three grounds upon this appeal. First, that cross-examination of a defense witness (who participated in the crimes charged) as to six prior alleged felony convictions when he admitted but three was error; second, that certain unrequested instructions should have been given because this was a complex trial; third, that conducting a trial in a courtroom where noises from outside the room could be heard at times was a denial of due process.


We hold there was no error in any of the three matters urged and we affirm the conviction. The appeal approaches the frivolous.