DISHMAN
v.
FITZHARRIS, TRAINING FACILITY SUPERINTENDENT, ET AL.

U.S. | 1970-05-04
No. 1865
397 U.S. 1080 Supreme Court of the United States (1970) Positive Treatment
Cited by 6 cases

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  • United States v. Kirk, 534 F.2d 1262 (8th Cir. 1976)
    …ction which stated “It is not required that the government prove guilt beyond all possible doubt[.]” is error. However, this court has expressly held that such language is not improper. United States v. Stead, 422 F. 2d 183 (8th Cir.), cert. denied, 397 U.S. 1080, 90 S.Ct. 1534, 25 L.Ed.2d 816 (1970); Friedman v. United States, 381 F. 2d 155 (8th Cir. 1967). It is also asserted that the instruction defined reasonable doubt as proof that would make a person willing to rely or act, rather than as proof which…
  • United States v. LEE, 743 F.2d 1240 (8th Cir. 1984)
    …onscience of the community is not impermissible. United States v. Lewis, 547 F. 2d 1030, 1036-37 (8th Cir. 1976), cert. denied, 429 U.S. 1111, 97 S.Ct. 1149, 51 L.Ed.2d 566 (1977); United States v. Stead, 422 F. 2d 183, 184 (8th Cir.), cert. denied, 397 U.S. 1080, 90 S.Ct. 1534, 25 L.Ed.2d 816 (1970). Any error in this regard was cured by the court's prompt cautionary instruction.…
  • United States v. Lawson, 483 F.2d 535 (8th Cir. 1973)
    …United States v. Sellaro (8th Cir., No. 71-1719, June 12, 1973); United States v. Folsom, 479 F. 2d 1 (8th Cir. 1973); United States v. Hamlin, 432 F. 2d 905,. 909 (8th Cir. 1970); United States v. Stead, 422 F. 2d 183, 185 (8th Cir.), cert. denied, 397 U.S. 1080, 90 S.Ct. 1534, 25 L.Ed.2d 816 (1970). Lawson’s contention is that the instruction on the permissible evidence to be considered by the jury in finding intent, set forth above, violated the Supreme Court’s admonition in Holland v. United States, supr…

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