Napoli v. United States, 21049.
| Decision Date | 02 April 1965 |
| Docket Number | No. 21049.,21049. |
| Parties | Vincent Robert NAPOLI, a/k/a Jimmy Napoli and Robert Grene, Appellants, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Myer Koonin, Washington, D. C., Bernard Berman, Miami Beach, Fla., Gus Feuer, Miami, Fla., Ephraim Collins, Miami Beach, Fla., for appellants.
Lloyd G. Bates, Jr., Asst. U.S. Atty., Miami, Fla., William A. Meadows, Jr., U. S. Atty. Southern District of Florida, for appellee.
Before TUTTLE, Chief Judge, and GROOMS and McRAE, District Judges.
There was ample evidence as to each of the appellants to sustain the verdict of the jury and judgments of conviction.
In the absence of any showing of prejudice resulting from the holding of trial twelve days after the arraignment of Grene, we can not determine that the trial court erred in denying the motion for continuance.
No exceptions having been made to the charge as given by the trial court, we find no reversible error in the failure of the court to give a specific charge on the accomplice testimony in view of the adequacy of the charge as a whole.
The judgment is affirmed.
To continue reading
Request your trial
-
U.S. v. Uptain
...v. United States, 394 F.2d 161 (5 Cir.), cert. denied, 393 U.S. 942, 89 S.Ct. 311, 21 L.Ed.2d 278 (1968); Napoli v. United States, 341 F.2d 916 (5 Cir. 1965); Glenn v. United States, 303 F.2d 536 (5 Cir. 1962), cert. denied sub nom., Everitt v. United States, 372 U.S. 920, 83 S.Ct. 734, 9 L......
-
Grene v. United States, 71-2985. Summary Calendar.
...No. 1271-Orl. Cr. (the 1962 convictions) if served." Upon direct appeal, this Court affirmed the conviction sub nom. Napoli v. United States, 5th Cir. 1965, 341 F.2d 916, cert. denied, Grene v. United States, 382 U.S. 823, 86 S.Ct. 52, 15 L.Ed.2d 68. On November 27, 1965 Grene began service......
-
Grene v. United States, 23382.
..."there was ample evidence as to each of the appellants to sustain the verdict of the jury and judgments of conviction", Napoli v. United States, 1965, 341 F.2d 916, cert. den. Grene v. United States, 382 U.S. 823, 86 S.Ct. 52, 15 L.Ed.2d 68. Thus the sufficiency of the proof, or any possibi......
-
ON REASONABLENESS: THE MANY MEANINGS OF LAW'S MOST UBIQUITOUS CONCEPT.
...Cir. 2003) (approving denial of continuance and holding trial 12 days after granting motion to proceed pro se); Napoli v. United States, 341 F.2d 916, 916 (5th Cir. 1965) (approving denial of continuance and holding trial 12 days after (88.) See In re Smothers, 322 F.3d 438, 442 (6th Cir. 2......