UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
JAMES WARREN BAILEY, WILLIAM HARVEY BROOKS, DONALD O'NEAL NELSON, EDWIN JACKSON WATERS, JOSEPH NICK YOUNG, DEFENDANTS-APPELLANTS
UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
JAMES WARREN BAILEY, WILLIAM HARVEY BROOKS, DONALD O'NEAL NELSON, EDWIN JACKSON WATERS, JOSEPH NICK YOUNG, DEFENDANTS-APPELLANTS
418 F.2d 234
Court of Appeals for the Fifth Circuit (1969)
Opinion of the Court
PER CURIAM:
Upon careful consideration of the briefs and records in this case, it appears that the only significant point raised on appeal is the response made by a government witness that a telephone number listed in a book, found in possession of one of the defendants, was the name of one Bynum, a notorious liquor violator. The trial court struck this testimony from the record upon motion of defense counsel. The record discloses that counsel did not specifically request the court to direct the jury to disregard the evidence, and the trial court did not do so. We conclude the failure of the trial court to give further instructions was not improper where no request was made. See Blakeley v. United States, 5 Cir., 1957, 249 F. 2d 235, and Thompson v. United States, 5 Cir., 1960, 272 F. 2d 919, cert. den. 362 U.S. 940, 80 S.Ct. 805, 4 L.Ed.2d 769.
The judgment is affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Cleveland Lester Thompson, Jr. v. United States, 272 F.2d 919 (5th Cir. 1959)
- Int'l Ass'n of Machinists, Lodge 942, AFL-CIO v. Nat'l Labor Relations Bd., 362 U.S. 940 (U.S. 1960)
- Erickson v. Fed. Trade Comm'n, 362 U.S. 940 (U.S. 1960)
- Blakeley v. United States, 249 F.2d 235 (5th Cir. 1957)