U.S. Court of Appeals for the Ninth Circuit, 1969

Darrell Eugene Miracle v. United States

U.S. Court of Appeals for the Ninth Circuit · Decided May 12, 1969 · Chambers, Koelsch, Bowen

411 F.2d 544; 1969 U.S. App. LEXIS 12446 (Federal Reporter, Second Series)

Counsel

John R. Sabin (argued), of Sabin, Newcomb, Sabin & Meyer, Portland, Or., for appellant., Mallory C. Walker (argued), Asst. U. S. Atty., Sidney I. Lezak, U. S. Atty., Portland, Or., for appellee.

Cases that cite this one

2 later published cases cite this decision.

United States v. Michael Warren Mason, United States of America v. William Casey Welsh, United States of America v. Mitchell Shields (9th Cir. 1981)
John L. Sullivan v. United States (9th 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:

Neither of the two assignments of error urged by appellant has merit.

The court’s remarks, made during the delivery of supplemental instructions, were not such as could coerce a verdict. To the contrary, they emphasized that each juror should arrive at his own decision and not agree to a verdict in which he did not believe.

Neither was the further instruction concerning credibility of witnesses improper. Although the evidence was essentially undisputed, determination of the critical factual issues, in the final analysis, rested upon the credit or lack of credit the jury, as fact finder, accorded the respective witnesses.

The judgment is affirmed.

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