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  • United States v. John Henry Smith, JR., 417 F.2d 779, 4th Cir. (1969)

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    The United States Court of Appeals for the Fourth Circuit affirmed the conviction of John Henry Smith Jr. under the Dyer Act. Smith argued that the district court judge abused his discretion by denying a request to continue the trial, which was held over five months after Smith's indictment and arrest. However, the Court of Appeals found no abuse of discretion in the denial of the continuance request. The Court also determined that the evidence presented at trial was sufficient to allow the jury to find Smith guilty beyond a reasonable doubt.

    Original Description:

    Filed: 1969-11-10 Precedential Status: Precedential Citations: 417 F.2d 779 Docket: 13506_1

    Original Title

    United States v. John Henry Smith, Jr., 417 F.2d 779, 4th Cir. (1969)

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    The United States Court of Appeals for the Fourth Circuit affirmed the conviction of John Henry Smith Jr. under the Dyer Act. Smith argued that the district court judge abused his discretion by denying a request to continue the trial, which was held over five months after Smith's indictment and arrest. However, the Court of Appeals found no abuse of discretion in the denial of the continuance request. The Court also determined that the evidence presented at trial was sufficient to allow the jury to find Smith guilty beyond a reasonable doubt.

    Copyright:

    Public Domain
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    8 views1 page

    United States v. John Henry Smith, JR., 417 F.2d 779, 4th Cir. (1969)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit affirmed the conviction of John Henry Smith Jr. under the Dyer Act. Smith argued that the district court judge abused his discretion by denying a request to continue the trial, which was held over five months after Smith's indictment and arrest. However, the Court of Appeals found no abuse of discretion in the denial of the continuance request. The Court also determined that the evidence presented at trial was sufficient to allow the jury to find Smith guilty beyond a reasonable doubt.

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    of 1

    417 F.

    2d 779

    UNITED STATES of America, Appellee,


    v.
    John Henry SMITH, Jr., Appellant.
    No. 13506.

    United States Court of Appeals Fourth Circuit.


    Argued November 5, 1969.
    Decided November 10, 1969.

    William C. Chance, Jr., New York City, for appellant.


    William H. Murdock, Greensboro, N. C. (William L. Osteen, U. S. Atty.,
    and Richard M. Dailey, Jr., Asst. U. S. Atty., on brief), for appellee.
    Before WINTER and CRAVEN, Circuit Judges, and WIDENER, District
    Judge.
    PER CURIAM:

    In this case defendant, convicted of the Dyer Act, contends that the district
    judge abused his discretion in denying a continuance of the trial which was
    held over five months after defendant was indicted and arrested, and that the
    evidence was insufficient to enable the jury to determine defendant's guilt
    beyond a reasonable doubt. From our review of the record and the briefs, we
    think that there was no abuse of discretion in the denial of the continuance, and
    the evidence was ample to support the jury's determination.

    Affirmed.

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