United States v. Marts

U.S. Court of Appeals for the Ninth Circuit
United States v. Marts, 437 F.2d 1358 (9th Cir. 1971)

United States v. Marts

Opinion of the Court

PER CURIAM:

The judgments of conviction are affirmed.

One point on appeal is that certain products of an unreasonable search were exhibited to the jury and alluded to in the oral testimony of witnesses. Chimel v. United States, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685, was handed down midway in the trial, so as a caution the government abandoned its intent to offer the objects. But under our subsequent Williams v. United States, 9 Cir., 418 F.2d 159, the real evidence could have been received. So, we find no error.

Other points raised, we find without merit.

Reference

Full Case Name
United States v. Charles DeWitt MARTS, Appellant UNITED STATES of America v. Francis Elaine NICKEL, Appellant UNITED STATES of America v. Robert SCALES, Appellant UNITED STATES of America v. Joseph KIRKSEY
Status
Published