United States v. Green, 13733.
Decision Date | 08 October 1970 |
Docket Number | No. 13733.,13733. |
Citation | 432 F.2d 551 |
Parties | UNITED STATES of America, Appellee, v. Carl Victor GREEN, Appellant. |
Court | U.S. Court of Appeals — Fourth Circuit |
Thomas R. Dyson, Jr., Washington, D. C., court-appointed counsel, on brief for appellant.
George Beall, U. S. Atty., and Charles G. Bernstein, Asst. U. S. Atty., on brief for appellee.
Before BOREMAN, WINTER and CRAVEN, Circuit Judges.
Green was found guilty by a jury of all three counts of an indictment brought under 18 U.S.C. §§ 2113(a), (b), (d), and (f), charging bank robbery, bank larceny, and assault by pointing a firearm at bank employees. The sole question presented by Green on this appeal is whether the district court erred in ruling that a conviction from which an appeal was pending could be used to impeach Green's credibility.
After a careful review of the record, the briefs, the motion for summary affirmance, and the appellant's opposition, we find it unnecessary to reach the issue raised by the defendant, and affirm. Evidence of the defendant's guilt is overwhelming. Even if it were error to allow the conviction then on appeal to be introduced to impeach the defendant's credibility, the record contains ample evidence to convince this court that the asserted error was harmless beyond a reasonable doubt. Chapman v. California, 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705 (1967); Fed.R.Crim.P. 52(a).
Affirmed.
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...92 S.Ct. 1300, 31 L.Ed.2d 481 (1972) (harmless error for judge to answer jury's inquiry without defendant present); United States v. Green, 432 F.2d 551, 552 (4th Cir. 1970). ...
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U.S. v. Shaver, 74--1434
...guilt convinces us that the failure to so instruct the jury, if error at all, is harmless beyond a reasonable doubt. United States v. Green, 432 F.2d 551 (4th Cir. 1970). With respect to the district judge's inadvertent misstatement regarding the exact location at which the defendant conten......