UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
EDDIE COOK, DEFENDANT-APPELLANT
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The court held that the appellant's assignments of error regarding cross-examination, judicial comment on evidence, and Miranda rights were without merit.
Appellant was convicted of forging, uttering, and possessing a stolen United States Treasury check. He appealed his conviction based on several allege…
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PER CURIAM:
Appellant was convicted on two counts of an indictment charging violations of 18 U.S.C.A. §§ 495 and 2, in forging and uttering a United States Treasury check, and on another count charging possession of a stolen treasury check in violation of 18 U.S.Ó.A., § 1708. He received concurrent sentences on the convictions and now appeals. We affirm.
There are three assignments of error. The first complaints of the cross-examination by the prosecution with respect to prior convictions of appellant. This complaint is without merit. See United States v. Saitta, 5 Cir., 1971, 443 F. 2d 830, 831.
Next, it is urged that the trial judge invaded the province of the jury through a comment on the conflicts in the evidence. This event does not remotely approach error and thus is without merit.
Lastly, appellant contends that he was denied his Miranda1 rights in connection with oral and written inculpatory statements. A careful review of the facts as developed on a motion to suppress and on the trial leads us to the conclusion that this claim is likewise without merit.
Affirmed.
. 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).
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Citator
Authorities Cited
- Miranda v. Arizona, 384 U.S. 436 (U.S. 1966)
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- United States v. Saitta, 443 F.2d 830 (5th Cir. 1971)