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Morris v. United States

United States Court of Appeals, Eighth Circuit
Mar 15, 1978
572 F.2d 185 (8th Cir. 1978)

Opinion

No. 77-1935.

Submitted March 9, 1978.

Decided March 15, 1978.

Ellis Olkon, Minneapolis, Minn., for appellant.

Andrew W. Danielson, U.S. Atty., and Ann D. Montgomery, Asst. U.S. Atty., Minneapolis, Minn., and Janet Forest, Legal Intern, for appellee.

Appeal from the United States District Court for the District of Minnesota.

Before HEANEY, STEPHENSON and HENLEY, Circuit Judges.


Harley Beverly Morris was convicted of two counts of knowingly receiving a firearm that was shipped in interstate commerce after he was convicted of a felony. 18 U.S.C. § 922(h)(1), 924(a). On appeal, he argues that he was denied a fair trial because the trial court improperly interjected itself in the government's behalf during the trial by: (1) instructing the prosecutor to ask certain questions during the government's cross-examination of Morris, and (2) commenting on the evidence in his instructions to the jury.

We have carefully reviewed the cross-examination of Morris and find that the trial court did not exceed its proper role by becoming another advocate for the government. See United States v. Gregory Dale Lowe, No. 77-1680 (8th Cir. February 1, 1978); United States v. McColgin, 535 F.2d 471, 474-475 (8th Cir.), cert. denied, 429 U.S. 853, 97 S.Ct. 145, 50 L.Ed.2d 128 (1976); Kramer v. United States, 408 F.2d 837, 841 (8th Cir. 1969).

While the trial court's comments on the evidence approached the limits of permissible comment, they did not exceed those limits. See United States v. Brandom, 479 F.2d 830 (8th Cir. 1973); Scruggs v. United States, 450 F.2d 359, 363 (8th Cir. 1971), cert. denied, 405 U.S. 1071, 92 S.Ct. 1521, 31 L.Ed.2d 804 (1972); Weare v. United States, 1 F.2d 617, 618 (8th Cir. 1924).

The judgment of conviction is affirmed.


Summaries of

Morris v. United States

United States Court of Appeals, Eighth Circuit
Mar 15, 1978
572 F.2d 185 (8th Cir. 1978)
Case details for

Morris v. United States

Case Details

Full title:HARLEY BEVERLY MORRIS, APPELLANT, v. UNITED STATES OF AMERICA, APPELLEE

Court:United States Court of Appeals, Eighth Circuit

Date published: Mar 15, 1978

Citations

572 F.2d 185 (8th Cir. 1978)

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