United States v. Trosper, 30361 Summary Calendar.
Decision Date | 25 October 1971 |
Docket Number | No. 30361 Summary Calendar.,30361 Summary Calendar. |
Citation | 450 F.2d 319 |
Parties | UNITED STATES of America, Plaintiff-Appellee, v. Glen Vern TROSPER, Defendant-Appellant. |
Court | U.S. Court of Appeals — Fifth Circuit |
Ralph E. Sistrunk, Jacksonville, Fla. (Court appointed), for defendant-appellant.
John L. Briggs, U. S. Atty., Joseph W. Hatchett, Robert S. Yerkes, Asst. Attys., Jacksonville, Fla., for plaintiff-appellee.
Before GEWIN, GOLDBERG and DYER, Circuit Judges.
:
Trosper appeals from a judgment entered upon a jury conviction for receiving property knowing it to have been stolen from the Veterans Administration Hospital, Lake City, Florida, in violation of 18 U.S.C.A. § 641. We affirm.
Only several of the numerous errors urged on appeal require comment. Defendant initially argues that the trial judge erroneously denied his motion for acquittal based on insufficiency of the evidence. Taking the view most favorable to the Government, Glasser v. United States, 1942, 315 U.S. 60, 80, 62 S.Ct. 457, 86 L.Ed. 680, we find that substantial evidence exists to support the jury's verdict of guilty. United States v. Hill, 5 Cir. 1971, 442 F.2d 259; United States v. Reid, 5 Cir. 1971, 441 F.2d 1089 ; United States v. Warner, 5 Cir. 1971, 441 F.2d 821; United States v. Andrews, 5 Cir. 1970, 431 F.2d 952.
During trial the following colloquy occurred between the prosecutor and Government witness Patterson, a detective with the Jacksonville Sheriff's Office:
At this point defense counsel made an objection to the italicized portion of the witness' answer, which was overruled.
It is clear that the witness' answer was responsive to the last question asked by the prosecutor : "What did he tell you, sir ?" Moreover, unlike the testimony in United States v. Poston, 6 Cir. 1970, 430 F.2d 706, the statement here related to the offense for which defendant was charged. Finally, it is well settled that an unsolicited remark by a defendant, not in response to any interrogation, does not fall within the rule of Miranda v. Arizona, 1966, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694. The trial court correctly ruled that the witness' statement was admissible in evidence. United States v. Powers, 5 Cir. 1971, 444 F.2d 260.
Defendant's next contention that the Government knowingly used perjured...
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State v. Hatton
...official have been held admissible, in spite of the absence of Miranda warnings at that specific time, see United States v. Trosper, 450 F.2d 319 (5th Cir. 1971); United States v. Powers, 444 F.2d 260 (5th Cir. 1971); Massie v. Commonwealth, supra; Cook v. Cox, 330 F.Supp. 1323 (W.D.Va.1971......
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Young v. Warden, Maryland Penitentiary
...and O'Neal v. Swenson, 301 F. Supp. 1105 (W.D.Mo.1969). For cases where the confession was not during interrogation; United States v. Trosper, 450 F.2d 319 (5 Cir. 1971); United States v. McNeil, 140 U.S.App.D.C. 3, 433 F.2d 1109 (1969); Smith v. Peyton, 295 F.Supp. 1379 (W.D.Va.1968); Lamb......
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State v. Amorin
...police questioning and in the absence of any coercion are admissible. Klamert v. Cupp, 437 F.2d 1153 (9th Cir. 1970); United States v. Trosper, 450 F.2d 319 (5th Cir. 1971); Phillips v. Attorney General of State of California, 594 F.2d 1288 (9th Cir. 1979); People v. Orr, 38 Ill.2d 417, 231......
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United States v. Jacquillon
...interrogation, does not fall within the rule of Miranda v. Arizona, 1966, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694; United States v. Trosper, 5 Cir. 1971, 450 F.2d 319; United States v. Powers, 5 Cir., 444 F.2d 260. At trial, the appellant did not contest the deputy's testimony that he p......