Court of Appeals for the Ninth Circuit

Leoplian J. Gregory v. United States

1968 U.S. App. LEXIS 8000 · 391 F.2d 281

February 20, 1968 · Docket 21807

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Opinion

PER CURIAM:

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.