UNITED STATES OF AMERICA, APPELLEE,
v.
DAVID LEE TOWNSEND, APPELLANT

4th Cir. | 1970-05-27
No. 14349
Before HAYNSWORTH, Chief Judge, and BÓREMAN and BRYAN, Circuit Judges.
426 F.2d 811 United States Court of Appeals for the Fourth Circuit (1970)

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Holding

The court summarily affirmed the conviction, finding no merit in the sufficiency of evidence or jury charge arguments.


Facts & Procedural History

David Lee Townsend was convicted of escape from a federal institution. He appealed the judgment of conviction entered upon a jury verdict.…

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Opinion of the Court
PER CURIAM:

PER CURIAM:

David Lee Townsend, charged under 18 U.S.C. § 751(b) with escape from the Robert F. Kennedy Youth Center, a federal institution in Morgantown, West Virginia, appeals from a judgment of conviction entered upon a jury verdict. On consideration of the record and briefs, we find oral argument unnecessary and summarily affirm.

The contentions made in this appeal regarding the sufficiency of the evidence and the charge to the jury are identical to those raised, and rejected by this court, in United States v. Trieber, 4 Cir., 419 F. 2d 1327, which involved one of Townsend’s fellow escapees. We find no merit in them as raised here.

In addition to the above mentioned points briefed by counsel, Townsend raises three points in his own behalf. The first two are clearly without merit, and the third, an unsupported claim that, despite his denial on voir dire, one of the jurors had been convicted of several felonies,* was never presented to the trial court. Accordingly, we will not consider the question here.

Affirmed.

*

Title 28, § 1861, U.S.C., provides that a person otherwise qualified is incompetent as a juror if

“(1) He has been convicted in a State or Federal court of record of a crime punishable by imprisonment for more than one year and his civil rights have not been restored by pardon or amnesty.”


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