United States v. Hearod
Opinion of the Court
Bobby Hearod, a Gretna, Louisiana police officer, was charged in a two count indictment with violation of 18 U. S.C. § 242
At Hearod’s trial the prosecution adduced testimony from the physician who had treated Smith following the incident at the tavern. The doctor described in detail the nature and extent of Smith’s injuries, the most gruesome of which resulted from a blow to the head and ultimately required the surgical removal of his left eye. Hearod objected to the doctor’s description of the eye injury and its treatment as irrelevant, prejudicial, and inflammatory, noting that the loss of the eye had been admitted by the defense in its opening statement.
The admission of evidence is committed to the discretion of the trial judge. See United States v. Moton, 493 F.2d 30 (5th Cir. 1974); United States v. Cockerham, 155 U.S.App.D.C. 97, 476 F.2d 542 (1973). In gauging admissibility the judge must balance probative value against undue prejudice to the objecting party. See Rule 403, Proposed Rules of Evidence for United States Courts and Magistrates, 56 F.R.D. 183,
Hearod also claims that the court erred in denying pretrial motions attacking the indictment as being multiplicitous.
Affirmed.
. Section 242 provides :
“Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any inhabitant of any State, Territory, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such inhabitant being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined not more than $1,000 or imprisoned not more than one year, or both; and if death results shall be subject to imprisonment for any term of years or for life.”
. Section 245 provides, in pertinent part:
“(b) Whoever, whether or not acting under color of law, by force or threat of force willfully injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with—
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(2) any person because of his race, color, religion or national origin and because he is or has been—
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(F) enjoying the goods, services, facilities, privileges, advantages, or accommodations of any inn, hotel, motel, or other establishment which provides lodging to transient guests, or of any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility which serves the public and which is principally engaged in selling food or beverages for consumption on the premises . . .
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shall be fined not more than $1,000, or imprisoned not more than one year, or both; and if bodily injury results shall be fined not more than $10,000, or imprisoned not more than ten years, or both . ”
. Smith filed a civil rights damage action related to this same event. Smith v. Hearod, 498 F.2d 663 (5th Cir. 1974) [No: 73-2758, Aug. 9, 1974, Slip Op. pg. 6826].
. Appellant’s brief styles the alleged error as one of “duplicity.” Appellee suggests, and a reading of the indictment and appellant’s arguments confirms, that the proper label for appellant’s objection is “multiplicity.” Cf. United States v. Goodman, 285 F.2d 378, 379-380 (5th Cir. 1960), cert. denied, 366 U.S. 930, 81 S.Ct. 1651, 6 L.Ed.2d 389 (1961); with Gerberding v. United States, 471 F.2d 55, 58 (8th Cir. 1973).
Reference
- Full Case Name
- United States v. Bobby HEAROD
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- 43 cases
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- Published