United States

Not overruled or negatively treated on appealinfoCoverage
United States Court of Appeals, Ninth CircuitFeb 20, 1968
391 F.2d 281 (9th Cir. 1968)

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No. 21807.

February 20, 1968.

Charles Kellar (argued), Las Vegas, Nev., for appellant.

Joseph Ward (argued), U.S. Atty., Robert S. Linnell, Asst. U.S. Atty., Las Vegas, Nev. (argued), for appellee.

Before CHAMBERS, MERRILL, and DUNIWAY, Circuit Judges.

The judgment of conviction is affirmed.

The objections to the receipt in evidence of fingerprints and handwriting exemplars of Gregory without Escobedo-Miranda warnings are not valid. Schmerber v. State of California, 384 U.S. 757, 86 S.Ct. 1826, 16 L.Ed.2d 908; Gilbert v. State of California, 388 U.S. 263, 87 S.Ct. 1951, 18 L.Ed.2d 1178; Lewis v. United States, D.C.Cir., 382 F.2d 817.

Escobedo v. State of Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977; Miranda v. State of Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694.

The objection about no Negro on the jury (one was called but was removed by a peremptory challenge) we reject. There was no timely challenge to the panel.

Other points, too, we find without merit.