From Casetext: Smarter Legal Research

United States v. White

United States Court of Appeals, Eighth Circuit
Dec 8, 1971
451 F.2d 351 (8th Cir. 1971)

Opinion

No. 71-1223.

December 8, 1971.

James M. Reed, Jr., Kansas City, Mo., for appellant.

Anthony P. Nugent, Jr., Asst. U.S. Atty., Bert C. Hurn, U.S. Atty., Kansas City, Mo., for appellee.

Appeal from the United States District Court for the Western District of Missouri.

Before GIBSON and HEANEY, Circuit Judges, and VAN PELT, District Judge.


The defendant was convicted of violating 18 U.S.C. § 2 and 2113(a) and (d). He contends on appeal that the evidence was not sufficient to sustain his conviction and that the trial court abused its discretion in permitting an overly broad cross-examination of a defense witness who testified that the defendant had not participated in the robbery.

We conclude from a careful examination of the record that there is no merit to either of the defendant's contentions. If the jury believed the government's witnesses and disbelieved those of the defendant, there was clearly sufficient evidence to convict. The question was thus one of credibility to be determined by the jury. United States v. May, 419 F.2d 553 (8th Cir. 1969).

The cross-examination by the government of the defendant's principal witness was broad and searching, but it did not exceed the bounds of propriety. See, McManaman v. United States, 327 F.2d 21 (10th Cir.), cert. denied sub nom. Jenkins v. United States, 377 U.S. 945, 84 S.Ct. 1351, 12 L.Ed.2d 307 (1964); Bass v. United States, 326 F.2d 884 (8th Cir.), cert. denied, 377 U.S. 905, 84 S.Ct. 1164, 12 L.Ed.2d 176 (1964).

Judgment affirmed.


Summaries of

United States v. White

United States Court of Appeals, Eighth Circuit
Dec 8, 1971
451 F.2d 351 (8th Cir. 1971)
Case details for

United States v. White

Case Details

Full title:UNITED STATES OF AMERICA, APPELLEE, v. DARRIS WHITE, APPELLANT

Court:United States Court of Appeals, Eighth Circuit

Date published: Dec 8, 1971

Citations

451 F.2d 351 (8th Cir. 1971)

Citing Cases

United States v. Whitted

A judgment of acquittal would be appropriate only if the evidence at trial had been insufficient to sustain…

United States v. White

In 1971 White was convicted of aiding and abetting in the commission of a bank robbery in violation of 18…