COMMACK

v.

BUSH, WARDEN

Citator

Cited By (15 total)

• United States v. Brown, 540 F.2d 1048 (10th Cir. 1976)
  …s of the offense charged, including, where it is essential to his guilt, the defendant’s presence at the time and place of the commission of the crime. Brinegar v. United States, 338 U.S. 160, 69 S.Ct. 1302, 93 L.Ed. 1879 (1949), reh. [*1054] denied 338 U.S. 839, 70 S.Ct. 31, 94 L.Ed. 513 (1949); 46 A.L.R.2d 1169; 29 Am. Jur.2d, Evidence, § 151. The identity of persons may be established in various ways, and considerable latitude is permitted the trial court in the admission of evidence relative thereto. 2…
• Fisher v. United States, 324 F.2d 775 (8th Cir. 1963)
  …arrest and so understood by the person detained.” Jenkins v. United States, 161 F. 2d 99, 101 (10th Cir. 1947), cited in Brinegar v. United States, 165 F. 2d 512 (10th Cir. 1947), affirmed 338 U.S. 160, 69 S.Ct. 1302, 93 L.Ed. 1879, rehearing denied 338 U.S. 839, 70 S.Ct. 31, 94 L.Ed. 513. The Court is therefore of the opinion that at the time Fisher made the statement that he was not under arrest, and that therefore the statement was not taken in violation of any Constitutional guarantees. Fisher’s secon…
• United States v. Evelio Martinez, 588 F.2d 1227 (9th Cir. 1978)
  …enied, 429 U.S. 1110, 97 S.Ct. 1147, 51 L.Ed.2d 564 (1977). Probable cause is more than a mere suspicion, but less than evidence which would justify conviction. Brineger v. United States, 338 U.S. 160, 69 S.Ct. 1302, 93 L.Ed. 1879, rehearing denied, 338 U.S. 839, 70 S.Ct. 31, 94 L.Ed. 513 (1949). See United States v. Damitz, supra; Rodgers v. United States, 267 F. 2d 79 (9th Cir. 1959). The affidavit is to be interpreted in a commonsense and realistic fashion; a hypertechnical interpretation is not required…