United States v. David L. Johnson

David L. Johnson appeals his conviction for robbery of a federally insured institution in violation of 18 U.S.C. §§ 2113 and 2. At trial, the government proved that appellant’s wife entered the bank and appellant drove the getaway car.

The sole contention raised by appellant’s appointed counsel is that the trial court improperly allowed the government to introduce a photographic ex-himt into evidence without first requiring the witness then testifying to identify the exhibit in open court. As the record indicates and the government concedes, the trial judge mistakenly thought this witness had identified the exhibit. The exhibit had been fully identified by a previous witness, however, and the trial court’s mistake was therefore innocuous. Furthermore, at trial appellant objected to the introduction of the exhibit solely on a ground which has been abandoned on appeal; no objection was made in the trial court on the ground that the photograph had not been properly identified. See Suhl v. United States, 390 F.2d 547, 556 (9th Cir. 1968).

One additional aspect of this case requires consideration.

Shortly before oral argument was to be heard by this court, appellant filed a motion…