U.S. Court of Appeals for the Fifth Circuit, 1968

Joseph William Morgan, A/K/A Lester Carter, A/K/A Edward James Johnson v. United States

U.S. Court of Appeals for the Fifth Circuit · Decided December 2, 1968 · Tuttle, Ainsworth, Mitchell

405 F.2d 497 (Federal Reporter, Second Series)

Counsel

Sherwin P. Simmons, Tampa, Fla., for appellant., Edward F. Boardman, U. S. Atty., Robert B. McGowan, Robert H. MacKenzie, Asst. U. S. Attys., Tampa, Fla., for appellee.

Cases that cite this one

3 later published cases cite this decision.

United States v. Flavio Humberto Trabucco (5th Cir. 1970)
De La Fe v. United States (5th Cir. 1969)
De La Fe v. United States (5th Cir. 1969)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM:

We conclude that there was ample evidence to corroborate the inculpatory statement made by the accused in this Dyer Act conviction to warrant submission of the case to the jury. Concededly, the Miranda warning was given. We cannot, at this appellate level, consider the appellant’s contention that there should have been an affirmative determination that the accused fully understood the warning before the statement could be used against him. The law does not place any such burden on the government.

The judgment is affirmed.

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