Blackshear v. United States, 14139.

Decision Date20 February 1958
Docket NumberNo. 14139.,14139.
Citation102 US App. DC 289,252 F.2d 853
PartiesAlbert E. BLACKSHEAR, Appellant, v. UNITED STATES of America, Appellee.
CourtU.S. Court of Appeals — District of Columbia Circuit

Mr. Dayton M. Harrington, Washington, D. C., with whom Mr. James D. Graham, Jr., Washington, D. C. (both appointed by this Court) was on the brief for appellant.

Mr. Harold D. Rhynedance, Jr., Asst. U. S. Atty., for appellee. Mr. Oliver Gasch, U. S. Atty., and Messrs. Arthur J. McLaughlin, and Lewis Carroll, Asst. U. S. Attys., were on the brief for appellee.

Before PRETTYMAN, BAZELON and WASHINGTON, Circuit Judges.

Petition for Rehearing In Banc Denied March 18, 1958.

PER CURIAM.

Blackshear was convicted of robbery and assault with a deadly weapon. On appeal he argues that his arrest was illegal and that the decision of the Supreme Court in the Mallory case1 precluded the admission of certain statements which he made.

Since he did not raise the point below, and since the circumstances do not call for an application of Rule 52(b), 18 U.S.C.A., we do not consider the alleged error.2 Lawson v. United States, 1957, 101 U.S.App.D.C. 332, 248 F.2d 654. The judgment of the District Court is therefore

Affirmed.

2 The statements made were in the nature of an alibi. Conviction evidently rested on other evidence, chiefly that of the victim.

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9 cases
  • United States v. Lewis
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • May 21, 1970
    ...82 S.Ct. 1145, 8 L.Ed.2d 277 (1962); Sims v. United States, 107 U.S.App.D.C. 294, 277 F.2d 93 (1960); Blackshear v. United States, 102 U.S. App.D.C. 289, 290, 252 F.2d 853, 854 (1958), cert. denied, 359 U.S. 1004, 79 S.Ct. 1144, 3 L.Ed.2d 1033 (1959); Lawson v. United States, 101 U.S.App.D.......
  • United States v. Ladson
    • United States
    • U.S. Court of Appeals — Second Circuit
    • September 6, 1961
    ...failure of his counsel to make an objection at a time when the necessary determination of fact could be made. Blackshear v. United States, 1958, 102 U.S.App.D.C. 289, 252 F.2d 853, certiorari denied, 1959, 359 U.S. 1004, 79 S.Ct. 1144, 3 L.Ed.2d 1033; Lawson v. United States, 1957, 101 U.S.......
  • Howell v. United States, 67 C 640.
    • United States
    • U.S. District Court — Northern District of Illinois
    • February 21, 1968
    ...56 S.Ct. 391, 392, 80 L.Ed. 555." United States v. Jones, 204 F.2d 745, 748-749 (7th Cir. 1953). Accord, Blackshear v. United States, 102 U.S. App.D.C. 289, 252 F.2d 853 (1958); United States v. Vasen, 222 F.2d 3 (7th Cir. 1955); United States v. Childress, 347 F.2d 448 (7th Cir. 1965); cf.......
  • Leigh v. United States
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • January 30, 1964
    ...238, 240, 314 F.2d 243, 245 (1962); Williams v. United States, 113 U.S.App.D.C. 399, 308 F.2d 652 (1962); Blackshear v. United States, 102 U.S.App.D.C. 289, 252 F.2d 853 (1958). See Lawson v. United States, 101 U.S.App.D.C. 332, 248 F.2d 654 (1957). In view of these opinions, it may be that......
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