Joseph Phil Smith v. United States

Opinion for the court by Associate Judge Thompson.

Opinion by Senior Judge' Farrell, concurring in part and dissenting in part, at page 633.

Thompson, Associate Judge:

A jury found appellant Joseph P. Smith guilty of first-degree burglary, kidnapping, robbery, and threatening to kidnap or injure a person. Appellant argues in this appeal that the evidence was insufficient for conviction and-that the trial court erred in admitting certain testimony and physical evidence, in refusing to give a portion of appellant’s defense theory in instructing the jury, and in failing to intervene when the…