Leoplian J. Gregory v. United States
391 F.2d 281·1968 U.S. App. LEXIS 8000
United States Court of Appeals for the Ninth CircuitFebruary 20, 196821807California138 words
Opinion
The judgment of conviction is affirmed.
The objections to the receipt in evidence of fingerprints and handwriting exemplars of Gregory without Escobedo-Miranda warnings are not valid. Schmerber v. State of California, 384 U.S. 757 , 86 S.Ct. 1826 , 16 L.Ed.2d 908 ; Gilbert v. State of California, 388 U.S. 263 , 87 S.Ct. 1951 , 18 L.Ed.2d 1178 ; Lewis v. United States, D.C.Cir., 382 F.2d 817 .
The objection about no Negro on the jury (one was called but was removed by a peremptory challenge) we reject. There was no timely challenge to the panel.
Other points, too, we find without merit.
Escobedo v. State of Illinois, 378 U.S. 478 , 84 S.Ct. 1758 , 12 L.Ed.2d 977 ; Miranda v. State of Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 .