United States v. Johnson

OPINION AND ORDER

MARSH, Chief Judge.

The defendant, John Thomas Johnson, was convicted in a jury trial on charges of armed robbery and assault. He now moves for a new trial alleging seven grounds for error. We think the motion should be denied. The co-defendant, Reuben Sumpter, was shown to be mentally incompetent and unable to stand trial.

Defendant first asserts that the trial court erred in overruling his challenge to the jury array. Defendant objected “to the jury on the ground that only two members of the negro race were included on the panel, and no members of the negro race were included…