462 F.2d 400 (5th Cir. 1972), 71-1193, United States v. Gibson

Docket Nº:71-1193 [*]
Citation:462 F.2d 400
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. Ulysses GIBSON, Defendant-Appellant.
Case Date:June 20, 1972
Court:United States Courts of Appeals, Court of Appeals for the Fifth Circuit
 
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Page 400

462 F.2d 400 (5th Cir. 1972)

UNITED STATES of America, Plaintiff-Appellee,

v.

Ulysses GIBSON, Defendant-Appellant.

No. 71-1193 [*]

United States Court of Appeals, Fifth Circuit.

June 20, 1972

Page 401

Ulysses Gibson, pro se.

Ira DeMent, U. S. Atty., D. Broward Segrest, Asst. U. S. Atty., Montgomery, Ala., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, INGRAHAM and RONEY, Circuit Judges.

PER CURIAM:

After rejecting two court-appointed attorneys and electing to represent himself, Ulysses Gibson was convicted of passing three forged postal money orders with intent to defraud in violation of 18 U.S.C.A. § 500. On this direct appeal he contends that (i) his Federal arrest warrant was not supported by an affidavit or complaint establishing probable cause, (ii) he was denied counsel during an impermissibly suggestive photographic identification proceeding conducted by a U.S. postal inspector, (iii) he was tried by an unsworn jury, (iv) he was denied effective assistance of counsel and the right to confront and cross-examine witnesses, (v) the Trial Court erroneously admitted illegally seized evidence and prejudicial hearsay, and (vi) there was no evidence to support the jury's verdict. Finding all of these allegations to be without merit, we affirm.

On the afternoon of March 6, 1970 the defendant attempted to cash a money order at Tubbs Red and White Grocery in Montgomery, Alabama. Discovering that the money order's serial numbers appeared on a list of money orders stolen several nights earlier in a burglary of a post office contract station, 1 the assistant manager turned it over to a city police officer who was on duty in the store. As the officer was telephoning for assistance the defendant told him to "just tear it up, just forget about it" and then attempted to snatch it from his hand. The officer immediately placed Gibson under arrest, an altercation developed, and the defendant ran out the front door. Following a brief struggle he was recaptured outside, handcuffed, and transported by patrol car to the Montgomery City Jail. Mechanics who subsequently worked on this vehicle at the police garage discovered 21 of the stolen money orders behind the rear seat.

Page 402

Other evidence at the trial established that the defendant had earlier requested the secretary of a local attorney to type an address on an Alabama driver's...

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