United States v. Alvin Harrison Peterson

The “concurrent sentences” rule first announced in Sinclair v. United States, 279 U.S. 263, 299 , 49 S.Ct. 268 , 73 L.Ed. 692 (1929) and consistently adhered to by the Supreme Court (Lawn v. United States, 355 U.S. 339, 359 , 78 S.Ct. 311 , 2 L.Ed.2d 321 (1958), Greene v. United States, 358 U.S. 326, 330 , 79 S.Ct. 340 , 3 L.Ed.2d 340 (1959)) makes unnecessary any examination into appellant’s sole assignment of error which attacks the validity of one of several convictions under a multi-count indictment.

We have nevertheless considered the assignment; granted the criticized instruction should not have been given, the conclusion is manifest that the error was harmless. Chapman v. California, 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967).

Affirmed.