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Miracle v. United States

United States Court of Appeals, Ninth Circuit
May 12, 1969
411 F.2d 544 (9th Cir. 1969)

Opinion

No. 23938.

May 12, 1969.

John R. Sabin (argued), of Sabin, Newcomb, Sabin Meyer, Portland, Or., for appellant.

Mallory C. Walker (argued), Asst. U.S. Atty., Sidney I. Lezak, U.S. Atty., Portland, Or., for appellee.

Before CHAMBERS and KOELSCH, Circuit Judges, and BOWEN, District Judge.

Hon. John C. Bowen, United States District Judge, Seattle, Washington, sitting by designation.


Neither of the two assignments of error urged by appellant has merit.

The court's remarks, made during the delivery of supplemental instructions, were not such as could coerce a verdict. To the contrary, they emphasized that each juror should arrive at his own decision and not agree to a verdict in which he did not believe.

Neither was the further instruction concerning credibility of witnesses improper. Although the evidence was essentially undisputed, determination of the critical factual issues, in the final analysis, rested upon the credit or lack of credit the jury, as fact finder, accorded the respective witnesses.

The judgment is affirmed.


Summaries of

Miracle v. United States

United States Court of Appeals, Ninth Circuit
May 12, 1969
411 F.2d 544 (9th Cir. 1969)
Case details for

Miracle v. United States

Case Details

Full title:Darrell Eugene MIRACLE, Appellant, v. UNITED STATES of America, Appellee

Court:United States Court of Appeals, Ninth Circuit

Date published: May 12, 1969

Citations

411 F.2d 544 (9th Cir. 1969)

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