U.S. Court of Appeals for the Fifth Circuit, 1970

United States v. Allen Brown, A/K/A Carl C. Moore

U.S. Court of Appeals for the Fifth Circuit · Decided May 1, 1970 · Bell, Ainsworth, Godbold

425 F.2d 728; 1970 U.S. App. LEXIS 9443 (Federal Reporter, Second Series)

Counsel

James A. Robbins, Jr., Rome, Ga., for defendant-appellant., J. Owen Forrester, Jr., Asst. U. S. Atty., John W. Stokes, Jr., U. S.. Atty., Atlanta, Ga., for plaintiff-appellee.

Cases that cite this one

4 later published cases cite this decision. The 3 that cite it most often are listed here.

Allen Brown v. United States (5th Cir. 1973)
Allen Brown v. United States (5th Cir. 1972)
Allen Brown v. United States (5th Cir. 1971)

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:

This case is placed on the Summary Calendar for disposition on the briefs and record pursuant to Rule 18 of this Court.

The trial judge conducted a hearing outside the presence of the jury and determined that incriminating in-custody statements made by appellant were admissible. The evidence fully supports the judge’s conclusion.

Lengthy portions of the prosecutor’s oral argument are said to give rise to reversible error. Only one statement was objected to, and the objection to that was sustained. The remaining portions of the argument were only in the, most remote and strained sense expressions by the prosecutor of a personal opinion that appellant was guilty, and no objection was made thereto.

We find no error, and the conviction is affirmed.

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