UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
ADAM ALEX LAWRANCE, DEFENDANT-APPELLANT

5th Cir. | 1974-08-21
No. 74-1263
Before BROWN, Chief Judge, and THORNBERRY and AINSWORTH, Circuit Judges.
498 F.2d 1065 Court of Appeals for the Fifth Circuit (1974) Positive Treatment
Cited by 4 cases

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Holding

The court held that the trial court did not err in its rulings regarding witness testimony, prosecutor questions, cross-examination, or the submission of the sanity issue to the jury.


Facts & Procedural History

Appellant was found guilty of distribution of heroin. He appealed, raising issues concerning witness testimony, prosecutor questions, cross-examinatio…

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Opinion of the Court
PER CURIAM:

PER CURIAM:

Appellant was found guilty of distribution of heroin in violation of 26 U.S. C. §§ 4705(a) and 4704(a). He raises three issues on appeal. We affirm.

Appellant’s objections to witness testimony and questions of the prosecutor were cured of any prejudicial effect by immediate jury instructions. See United States v. Frost, 5 Cir., 1970, 434 F. 2d 607.

The scope and bounds of cross-examination rest within the sound discretion of the trial judge. See Gordon v. United States, 5 Cir., 1971, 438 F. 2d 858. Here, the trial court did not abuse its discretion.

The issue of defendant’s sanity was properly submitted to the jury. See Blake v. United States, 5 Cir., 1969, 407 F. 2d 908. Evidence was presented on both sides of the issue by physicians and laymen, and the jury made the determination that defendant was legally sane. The district court was correct in refusing to grant a directed verdict of acquittal on the basis of defendant’s alleged insanity. See United States v. Hernandez, 5 Cir., 1971, 438 F. 2d 676.

Affirmed.


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