James Beacher George v. United States

Good Law
266 F.2d 343·1958 U.S. App. LEXIS 6088
United States Court of Appeals for the Ninth CircuitNovember 14, 195815853California233 words

Opinion

Opinion

George was indicted and convicted on five counts of selling narcotics. He claims that the evidence was insufficient to support a conviction. Inasmuch as the sales were made, according to the testimony, on October 4, 1956, November 1, 1956, December 14, 1956, January 4, 1957, and January 17, 1957, and were made to three different individuals, there is no basis for this claim. The testimony as to each count was substantial, quite detailed and of such a nature that the jury was entitled to find defendant guilty beyond a reasonable doubt. Appellant also claims there was error in that the court admonished his counsel to quit fawning and flirting and trying to curry favor with the jury. But the record shows that the admonition was given to counsel when the jury was. not present. It could therefore have had no prejudicial effect. The trial judge is, under a heavy responsibility to see that a case is properly tried. The statement of the judge contained findings of fact as. to what the conduct of counsel for appellant had been. This was not error, but highly commendable. The court imposed sentences on the different counts of the-indictment.

This Court has consistently held' that the…

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