UNITED STATES OF AMERICA, APPELLEE,
v.
ROBERT JOHNSON AND CHARLES PHERIBO, DEFENDANTS-APPELLANTS

2d Cir. | 1964-04-24
Nos. 389, Docket 28633
331 F.2d 281 United States Court of Appeals for the Second Circuit (1964) Positive Treatment
Cited by 20 cases

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Holding

The court held that the appellants' specific claims of error, including denial of a transcript, withholding of exculpatory statements, a supplemental jury instruction, unlawful arrest, and improper prosecutorial statements, were without merit, and the evidence was sufficient to sustain the convictions.


Facts & Procedural History

Appellants were convicted of theft of chattels moving in interstate commerce. They appealed, raising several specific claims of error regarding the tr…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

In these appeals from judgments of conviction for the theft of chattels moving in interstate commerce, 18 U.S.C. § 659 (1958), appellants raise, in addition to the usual challenge to the sufficiency of the evidence, a number of specific claims of error: (1) denial of Pheribo’s request for a free transcript of the minutes of the first trial, which ended in a mistrial, for use at the second trial, (2) denial of Pheribo’s application for an order directing the Government to furnish him with exculpatory statements that might be in its possession, (3) a supplemental instruction to the jury, (4) Johnson’s allegedly unlawful arrest, and (5) certain allegedly improper statements in the Government’s summation.

The record does not indicate that Pheribo, whose counsel had taken extensive notes during the first trial, was prejudiced by not having the requested transcript or that any exculpatory statements were withheld by the Government. We find no error in the supplemental instruction nor anything in the record that would cast doubt on the legality of Johnson’s arrest.

No objection was taken to the Government’s summation nor were any protective instructions sought. Although the prosecutor’s statement that he “vouched for” the credibility of certain government witnesses was improper, cf. ABA Canon of Professional Ethics #15 (1963), it was not, at least absent objection, reversible error. Lawn v. United States, 355 U.S. 339, 359-360 n. 15, 78 S.Ct. 311, 2 L.Ed.2d 321 (1958).

As we find that the evidence was sufficient to sustain the convictions and that the specific points raised are without merit, we affirm the judgments of conviction.


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