United States v. Donald Maurice Johnson

U.S. Court of Appeals for the Ninth Circuit
United States v. Donald Maurice Johnson, 435 F.2d 1312 (9th Cir. 1971)
1971 U.S. App. LEXIS 12396
Chambers, Duniway, Per Curiam, Trask

United States v. Donald Maurice Johnson

Opinion

*1313 PER CURIAM:

The judgment of conviction is affirmed.

There was sufficient evidence on the heroin count (the one seriously contested) to permit the case to go to the jury. We do not find that the presumption allowed by Turner v. United States, 396 U.S. 398, 90 S.Ct. 642, 24 L.Ed.2d 610, was used.

The point about no members of appellant’s race being on the jury falls under Swain v. Alabama, 380 U.S. 202, 85 S.Ct. 824, 13 L.Ed.2d 759, because there was no tender of a showing that such members were systematically excluded.

The testimony about association with another charged with a crime we find harmless, if it was improperly admitted.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Donald Maurice JOHNSON, Appellant
Status
Published