U.S. Court of Appeals for the Fifth Circuit, 1966

Melvin Colbert v. United States

Melvin Colbert v. United States
U.S. Court of Appeals for the Fifth Circuit · Decided January 28, 1966 · Brown, Coleman, Garza, Per Curiam
355 F.2d 550; 1966 U.S. App. LEXIS 7361 (Federal Reporter, Second Series)

Melvin Colbert v. United States

Opinion

PER CURIAM:

Appellant was convicted by a jury of narcotics violations (26 U.S.C.A., Sections 4704(a) and 4705(a)). The record as a whole clearly and convincingly supports the verdict. Appellant complains of the testimony of one witness as to statements allegedly made by appellant at an arrest on another occasion. The testimony was not responsive to the question asked and the court promptly and clearly instructed the jury to disregard it. The denial of the motion for a mistrial was correct. Rule 52(a), Federal Rules of Criminal Procedure; Helton v. United States, 5 Cir., 1955, 221 F.2d 338; Mora v. United States, 5 Cir., 1961, 190 F.2d 749.

Affirmed.

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