Freeman v. Stone
| Decision Date | 14 June 1971 |
| Docket Number | No. 26536.,26536. |
| Citation | 444 F.2d 113 |
| Parties | Freddie FREEMAN, Plaintiff-Petitioner, v. W. T. STONE, Superintendent, Defendant-Respondent. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Freddie Freeman, in pro. per.
Evelle J. Younger, Atty. Gen., Los Angeles, Cal., for appellee.
Before BROWNING, CARTER and TRASK, Circuit Judges.
Appellant, convicted in state court of armed robbery, appeals from the denial by the district court, of his application for federal habeas relief. His sole contention on appeal is that the evidence introduced at his trial was legally insufficient to support his conviction. We affirm.
While it is true, as the State points out, that allegations of insufficient evidence in a state court trial are not reviewable by writ of habeas corpus, Fernandez v. Klinger (9 Cir. 1965) 346 F.2d 210, 211, cert. den. 382 U.S. 895, 86 S.Ct. 191, 15 L.Ed.2d 152, we must examine the record to determine if "the charges against petitioner were so totally devoid of evidentiary support as to render his conviction unconstitutional under the Due Process Clause of the Fourteenth Amendment." Thompson v. City of Louisville, 362 U.S. 199, 80 S.Ct. 624, 4 L.Ed.2d 654 (1960). See Garner v. Louisiana, 368 U.S. 157, 163, 82 S.Ct. 248, 7 L.Ed.2d 207 (1961); Barquera v. California (9 Cir. 1967) 374 F.2d 177, 179-180.
We have examined the record and conclude that there was ample evidence supporting the charge that petitioner participated in the robbery by driving the get-away car. While the evidence was entirely circumstantial, we cannot say that there was no evidence pointing to petitioner's involvement or that the jury acted unreasonably in drawing that conclusion.
Affirmed.
To continue reading
Request your trial
-
Cobb v. Wyrick
...the scene of the crime at about the time of its commission; and that petitioner participated in the robbery and killing. Freeman v. Stone, 444 F.2d 113 (9th Cir. 1971); United States v. Dugan, 477 F.2d 140 (8th Cir. 1973); United States v. Henson, 456 F.2d 1045 (8th Cir. 1972); Stancliff v.......
-
Jackson v. Virginia
...challenges to the evidentiary support for state convictions have since Thompson been dealt with under § 2254. E. g., Freeman v. Stone, 444 F.2d 113 (CA9); Grieco Meachum, 533 F.2d 713 (CA1); Williams v. Peyton, 414 F.2d 776 (CA4). A more stringent standard will expand the contours of this t......
-
Bell v. State of NY, 80 Civ. 2219.
...50 L.Ed.2d 592 (1976); United States ex rel. Smith v. Montayne, 505 F.2d 1355, 1359 (2d Cir. 1974) (jury charge); Freeman v. W. T. Stone, 444 F.2d 113, 114 (9th Cir. 1971) (sufficiency of evidence); United States ex rel. Griffin v. Martin, 409 F.2d 1300, 1302 (2d Cir. 1969) (sufficiency of ......
-
United States ex rel. Griffin v. Vincent
...the sufficiency of evidence, unless so gross a deficiency is shown as to constitute a deprivation of due process. Freeman v. Stone, 444 F.2d 113, 114 (9th Cir. 1971). Thus, in United States ex rel. Morton v. Mancusi, 393 F.2d 482, 483-484 (2d Cir. 1968), cert. denied, 393 U.S. 927, 89 S.Ct.......