Legal Opinion

A. C. Coleman, Jr., and James Dillard Johnson v. United States

Court of Appeals for the Ninth Circuit

Decided October 13, 1966No. 20348PublishedCited by 17 opinions

1Per curiam

The defendants have appealed from judgments of conviction upon verdicts finding them guilty of bank robbery. 18 U.S.C. 2113(a). Finding no error, we affirm.

The record contains substantial evidence that warrants the jury’s decision. It is not the province of an appellate court to weigh the evidence and determine the credibility of witnesses. And the trial judge did not err in instructing the jury to draw' no adverse inference against defendants because of their failure to testify. To the contrary, his charge constituted a faithful compliance with the “implied direction” given district judges…

2Cases cited2 opinions

  1. Bruno v. United StatesSupreme Court of the United States · 1939
  2. John Roland Phelps v. United StatesCourt of Appeals for the Fifth Circuit · 1958

3Cited by17 opinions

  1. State v. KimballSupreme Court of Iowa · 1970
  2. Joseph Aiuppa v. United StatesCourt of Appeals for the Tenth Circuit · 1968
  3. State v. McAlvainArizona Supreme Court · 1969
  4. Leroy Herbert Ray v. United StatesCourt of Appeals for the Ninth Circuit · 1969
  5. Kimmel v. PeopleSupreme Court of Colorado · 1970

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