HOLMES
v.
UNITED STATES; AND MATTHEWS V. UNITED STATES

U.S. | 1972-04-24
Nos. 71-6145; No. 71-6157
406 U.S. 908 Supreme Court of the United States (1972) Positive Treatment
Cited by 5 cases

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  • United States v. Brown, 600 F.2d 248 (10th Cir. 1979)
    …the position that the mere passage of time per se does not give rise to a violation of the Constitution. See United States v. Spoonhunter, 476 F. 2d 1050, 1057 (10th Cir. 1973); United States v. Holmes, 453 F. 2d 950, 953 (10th Cir.), cert. denied, 406 U.S. 908, 92 S.Ct. 1618, 31 L.Ed.2d 819 (1972). Undoubtedly the appellant believed that the passage of time of itself would provide a basis for argument that the right to a speedy trial had been violated. As we have shown, however, this is not in accordance…
  • United States v. Skolek, 474 F.2d 582 (10th Cir. 1973)
    …instructed the jury with regard to assessing the testimony of witnesses generally, and of accomplices specifically. See United States v. Plemons, 455 F. 2d 243 (10th Cir. 1972); United States v. Holmes, 453 F. 2d 950 (10th Cir. 1972), cert. denied, 406 U.S. 908, 92 S.Ct. 1618, 31 L.Ed.2d 819; United States v. Birmingham, 447 F. 2d 1313 (10th Cir. 1971). * * * The Government rested its case at approximately 11:45 a. m. and a discussion immediately followed at the bench, out of the presence of the jury and…
  • United States v. Bishop, 534 F.2d 214 (10th Cir. 1976)
    …rged, and knowledge and intent may be inferred therefrom. A complete review of the record, summarized above, convinces us that the evidence was sufficient to convict Bishop. See United States v. Holmes, 453 F. 2d 950 (10th Cir. 1972), cert. denied, 406 U.S. 908, 92 S.Ct. 1618, 31 L.Ed.2d 819 (1972); United States v. Gleeson, 411 F. 2d 1091 (10th Cir. 1969). Guilt and knowledge can seldom be shown by direct evidence. Among the evidentiary matters the jury could fairly have considered in this case are: the…

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