LICHTENWALTER
v.
UNITED STATES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the evidence was sufficient to support the arson conviction and that the trial court did not err in limiting the opening statement.
Appellant was convicted of arson for burning another's building. He appealed, arguing insufficient evidence and denial of his right to an opening stat…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Opening Statement cases and more on FLexlaw
PER CURIAM.
Appellant was convicted and sentenced upon an indictment for arson in the malicious burning of the building of another. 22 D.C.Code § 401 (1940). Here, on appeal, he contends: (1) that the evidence was insufficient to support the verdict, and (2) that the court deprived him of the right, through counsel, to make an opening statement to the jury. In our opinion neither point is well taken.
There was substantial evidence, including defendant’s own admissions, to support the essential findings that the defendant did intentionally, and thus maliciously, set fire to and burn the building. Therefore, the case was properly submitted to the jury and its verdict is conclusive.
As we view the incident concerning the opening statement, there was no denial of the right to make a statement, but rather a proper effort to limit counsel to an outline of proposed proof and to avoid an argumentative and detailed recital of anticipated testimony by the defendant. Moreover, the defendant did testify briefly and no other evidence was offered in his ‘ behalf. In such circumstances, interference by the court with the opening statement, had it been unwarranted, could not have prejudiced the defendant.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
United States v. Escobedo, 430 F.2d 14 (7th Cir. 1970)
-
Tillotson v. United States, 231 F.2d 736 (D.C. Cir. 1956)
-
United States v. Williams, 319 F.2d 479 (6th Cir. 1963)