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462 F.2d 178

Docket No. 71-3491

United States v. Cherico

Fifth Circuit Court of Appeals

Decided June 27, 1972.

Fifth Circuit Court of Appeals · decided 1972-06-27

Cited by 1 later decisions — most recently June 1972

1 federal appellate ·

2 counsel of record

Applies 18 U.S.C. § 1111

Relies on Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1972-06-27

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¶1Summary Calendar.*

¶2Joe D. Prickett, San Antonio, Tex. (Court Appointed), for defendant-appellant.

¶3William S. Sessions, U. S. Atty., Wayne F. Speck, Asst. U. S. Atty., San Antonio, Tex., for plaintiff-appellee.

¶4Before THORNBERRY, COLEMAN and INGRAHAM, Circuit Judges.

¶6PER CURIAM:

¶7A jury convicted Peter Anthony Cher-ico of the murder (in the second degree) of Lynda- Yvonne Heishman, committed on the Fort Sam Houston Military Reservation. 18 U.S.C. § 1111. Cherico was sentenced to life imprisonment, subject to the provisions of 18 U.S.C. § 4208(a) (2). He appeals.

¶8It is now contended that (1) the evidence was insufficient to establish beyond a reasonable doubt that the alleged offense was committed on the Military Reservation; (2) that the evidence was insufficient to connect the defendant with the commission of the homicide; and (3) although not objected to at the trial, error was committed in not applying the exclusionary rule to two law enforcement officers who testified in the case.

¶9This case has had the thorough consideration which its gravity deserves, but we find nothing in the trial record which could possibly justify a reversal. The points raised on appeal, while argu*179able, under a wealth of well established judicial precedent are without merit.

¶10It necessarily follows that the conviction must be, and it is

¶11Affirmed.

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