United States v. Daniel
| Citation | 459 F.2d 1029 |
| Decision Date | 05 May 1972 |
| Docket Number | No. 72-1201.,72-1201. |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Wally James DANIEL, Defendant-Appellant. |
| Court | United States Courts of Appeals. United States Court of Appeals (9th Circuit) |
John Politis, San Diego, Cal., for defendant-appellant.
Harry D. Steward, U. S. Atty., Catherine A. Chandler, Stephen G. Nelson, Asst. U. S. Attys., San Diego, Cal., for plaintiff-appellee.
Before HAMLEY, CHOY and GOODWIN, Circuit Judges.
Wally Daniel was convicted for importing and possessing marijuana and amphetamines in violation of 21 U.S.C. §§ 841(a) (1), 952.
Daniel argues that the evidence was insufficient to support the conviction. He contends that the only incriminating evidence was the uncorroborated testimony of an accomplice. There was ample corroboration of the evidence of the accomplice. Moreover, in this circuit, a conviction may rest on the uncorroborated testimony of an accomplice if the testimony is not incredible or unsubstantial on its face. United States v. Andrews, 455 F.2d 632 (9th Cir. 1972); Darden v. United States, 405 F.2d 1054 (9th Cir. 1969). The testimony of Daniel's accomplice was neither incredible nor unsubstantial.
Affirmed.
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U.S. v. Turner
...and John Henry Lewis. That a conviction may be based on the uncorroborated testimony of an accomplice is settled law. United States v. Daniel, 459 F.2d 1029 (CA9 1972). This is the rule unless the testimony of the accomplice is incredible or unsubstantial on its face. United States v. Andre......
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Mitchell P., In re
...uncorroborated testimony of an accomplice . . . ." (United States v. Turner (1975) 9 Cir., 528 F.2d 143, 161; see also United States v. Daniel (1972) 9 Cir., 459 F.2d 1029.) Therefore, due process does not require the rule be adopted in either criminal or juvenile A more difficult constitut......
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...* Honorable J. Blaine Anderson, United States District Judge, District of Idaho, sitting by designation. 1 See, e. g., United States v. Daniel, 9 Cir., 1972, 459 F.2d 1029; United States v. Andrews, 9 Cir., 1972, 455 F.2d 632; United States v. Williams, 9 Cir., 1970, 424 F.2d 1056, cert. de......
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U.S. v. Noah
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