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  • United States v. Francis X. Morin, Jr. Appeal of Albert Lamolinare, 458 F.2d 990, 3rd Cir. (1972)

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    This document is a court case ruling from the United States Court of Appeals for the Third Circuit. The court affirms the conviction of the appellant, finding that (1) any objections to jury instructions were not raised in the district court and counsel had expressed being satisfied with the charge, and (2) there was sufficient evidence for the jury to infer the appellant aided and abetted a bank robbery. The court finds no reversible error in the record.

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    Filed: 1972-04-12 Precedential Status: Precedential Citations: 458 F.2d 990 Docket: 71-1274

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    This document is a court case ruling from the United States Court of Appeals for the Third Circuit. The court affirms the conviction of the appellant, finding that (1) any objections to jury instructions were not raised in the district court and counsel had expressed being satisfied with the charge, and (2) there was sufficient evidence for the jury to infer the appellant aided and abetted a bank robbery. The court finds no reversible error in the record.

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    Public Domain
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    2 views2 pages

    United States v. Francis X. Morin, Jr. Appeal of Albert Lamolinare, 458 F.2d 990, 3rd Cir. (1972)

    Uploaded by

    Scribd Government Docs
    This document is a court case ruling from the United States Court of Appeals for the Third Circuit. The court affirms the conviction of the appellant, finding that (1) any objections to jury instructions were not raised in the district court and counsel had expressed being satisfied with the charge, and (2) there was sufficient evidence for the jury to infer the appellant aided and abetted a bank robbery. The court finds no reversible error in the record.

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    of 2

    458 F.

    2d 990

    UNITED STATES of America


    v.
    Francis X. MORIN, Jr., et al. Appeal of Albert
    LaMOLINARE.
    No. 71-1274.

    United States Court of Appeals,


    Third Circuit.
    Argued March 6, 1972.
    Decided April 12, 1972.

    John W. Ford, McArdle & Mansmann, Pittsburgh, Pa., for appellants.


    Richard L. Thornburgh, U. S. Atty., Blair A. Griffith, Pittsburgh, Pa., for
    appellee.
    Before BIGGS, VAN DUSEN and ALDISERT, Circuit Judges.
    OPINION OF THE COURT
    PER CURIAM:

    The alleged objectionable statements in the jury instructions asserted for the
    first time in this court could have been easily remedied by the Trial Judge by
    simple curative language. Instead of raising these objections voiced in the
    district court, counsel for appellant expressed himself as "satisfied" with the
    charge. We can perceive no basis for sustaining the appeal on this issue.

    United States v. Chicarelli, 445 F.2d 1111 (3 Cir. 1971).

    There is sufficient evidence from which the jury could have inferred that the
    appellant was an aider and abettor in the Pittsburgh National Bank robbery. 18
    U.S.C. Sec. 2. This ground also is ineffectual. United States v. Bradley, 447
    F.2d 657, 659-660 (3 Cir. 1971).

    We perceive no reversible error in this record. The judgment of conviction will

    We perceive no reversible error in this record. The judgment of conviction will


    be affirmed.

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