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Gregory v. United States

United States Court of Appeals, Ninth Circuit
Feb 20, 1968
391 F.2d 281 (9th Cir. 1968)

Opinion

No. 21807.

February 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.


The judgment of conviction is affirmed.

The objections to the receipt in evidence of fingerprints and handwriting exemplars of Gregory without Escobedo-Miranda 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.

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.

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.


Summaries of

Gregory v. United States

United States Court of Appeals, Ninth Circuit
Feb 20, 1968
391 F.2d 281 (9th Cir. 1968)
Case details for

Gregory v. United States

Case Details

Full title:Leoplian J. GREGORY, Appellant, v. UNITED STATES of America, Appellee

Court:United States Court of Appeals, Ninth Circuit

Date published: Feb 20, 1968

Citations

391 F.2d 281 (9th Cir. 1968)

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