BYNUM

v.

UNITED STATES ET AL.

Citator

Cited By (19 total)

• United States v. Skillman, 442 F.2d 542 (8th Cir. 1971)
  …. United States, 382 F. 2d 871 (8th Cir. 1967), rev’d on other grounds, 393 U.S. 410, 89 S.Ct. 584, 21 L.Ed.2d 637 (1968); Cotton v. United States, 361 F. 2d 673 (8th Cir. 1966); West v. United States, 359 F. 2d 50, 55 (8th Cir. 1966), cert. denied, 385 U.S. 867, 87 S.Ct. 131, 17 L.Ed.2d 94 (1966). We conclude that there was no abuse of discretion. Defendant’s next allegation is that the tape recording was garbled and unintelligible in certain respects, thus prejudicing his rights by permitting speculation…
• United States v. Octabio Gerard de Larosa, 450 F.2d 1057 (3d Cir. 1971)
  …were decided prior to Gallego v. United States, 276 F. 2d 914 (9th Cir. 1960), in which this principle was rejected in favor of a rule granting discretion to the trial court. Accord, West v. United States, 359 F. 2d 50, 55 (8th Cir.), cert, denied, 385 U.S. 867, 87 S.Ct. 131, 17 L.Ed.2d 94 (1966) ; Brewer v. United States, 353 F. 2d 260 (8th Cir. 1965). “The trial judge’s determination that the showing as to identification and nature of contents is sufficient to warrant reception of an article in evidence…
• United States v. Crow, 523 F.2d 955 (8th Cir. 1975)
  …nt of fourth degree burglary. However, to find “plain error”, the defendant must [*961] demonstrate that the instruction affected substantial rights resulting in a miscarriage of justice. West v. United States, 359 F. 2d 50 (8th Cir.), cert. denied, 385 U.S. 867, 87 S.Ct. 131, 17 L.Ed.2d 94 (1966). The trial court’s instruction sets forth the express language of the statute governing the offense of fourth degree burglary. The instruction includes the provision which requires that the place broken and enter…