Douglas Cecil Johnson v. United States

By seven assignments of error appellant presses four contentions upon which we rule as follows:

1. Sufficient foundation was laid for admission of the exhibits. As to the documents, when taken together their relevance is clear.

2. Since no objection was interposed to the court’s charge to the jury, error in that respect is not available here.

3. There was ample evidence to support the jury verdict.

4. Prejudicial error does not appear from failure of the Commissioner to assign counsel for appellant at the preliminary hearing or to order that proceeding reported in order that appellant might be provided with a transcript. Denial of counsel at preliminary hearing is not grounds for reversal where the record discloses no opportunity for prejudice. Chester v. California, 355 F.2d 778 (9th Cir. 1966); Wilson v. Harris, 351 F.2d 840 (9th Cir. 1965).

Here appellant was sufficiently warned. He did not testify. He was subsequently indicted and his trial (as well as his confinement from that time ) was upon the indictment. Appellant was not disadvantaged by anything that occurred at the preliminary hearing. On the contrary, he thereby discovered the Government’s case against him.…