Opinion · Court of Appeals for the Ninth Circuit

United States of America, and v. George Lee

United States, & v. George Lee, 411 F.2d 1017 (9th Cir. 1969)

Type
Opinion
Court
Court of Appeals for the Ninth Circuit
Jurisdiction
Federal
Date
1969-06-09
Topic
general

DECISION. PER CURIAM: The judgment of conviction is affirmed. We find the objection to the information not well taken. Likewise, we find the objection based upon Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694, 10 A.L.R.3d 974, insubstantial.

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2 opinions
UNITED STATES v. LEE,411 F.2d 1017(9th Cir. 1969)
UNITED STATES of America, Plaintiff and Appellee, v. George LEE,
Appellant.
No. 23042.
United States Court of Appeals, Ninth Circuit.
May 2, 1969.
Rehearing Denied June 9, 1969.
Page 1018
John Hansler (argued), of Comfort, Dolack, Hansler Billett, Tacoma, Wash., for appellant.

J.S. Obenour (argued), Asst. U.S. Atty., Eugene G. Cushing, U.S. Atty., Tacoma, Wash., for appellee.
Before CHAMBERS and KOELSCH, Circuit Judges, and SOLOMON, District Judge.
DECISION.
PER CURIAM:
The judgment of conviction is affirmed. We find the objection to the information not well taken. Likewise, we find the objection based upon Miranda v. Arizona,384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694, 10 A.L.R.3d 974, insubstantial. At the critical time Lee was not in custody and there was no restraint or threat to take him into custody. Further, we find on the record here no error in the receiving of evidence or in the instructions.