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

Leoplian J. Gregory v. United States

U.S. Court of Appeals for the Ninth Circuit · Decided February 20, 1968 · Chambers, Merrill, Duniway

391 F.2d 281; 1968 U.S. App. LEXIS 8000 (Federal Reporter, Second Series)

Opinion

PER CURIAM:

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.

*282 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.

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.

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