United States v. Bruce Alan Curtis

Good Law
568 F.2d 643·2 Fed. R. Serv. 933·1978 U.S. App. LEXIS 12945
United States Court of Appeals for the Ninth CircuitJanuary 23, 197876-3742California1,920 words

Opinion

Opinion

Wallace, J.

Curtis appeals from his conviction of first degree murder pursuant to 18 U.S.C. § 1111 . He raises questions concerning the admissibility of certain testimony and the sufficiency of the evidence. We affirm.

I

On April 27, 1976 the body of Barbara Bently was discovered in Ahwanee Meadow of Yosemite National Park. During an interview with the victim’s roommate, police officers learned that the victim had been with Curtis on the evening prior to the discovery of her body. The agents interviewed Curtis and learned that on the night of April 26, he and Bently had gone out to dinner and then returned to Curtis’ room. He told them that the victim thereafter physically rejected Curtis’ sexual advances which resulted in her scratching his face as she pushed him away.

In addition, a significant amount of physical evidence was admitted which suggested that Curtis had killed Bently during the course of a rape or attempted rape. For example, maroon fibers taken from the victim’s thigh, buttocks, and head were microscopically identical to the fibers of a maroon blanket found in Curtis’ room. This same blanket also contained hair which had been forcefully removed and which was microscopically…

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