Elvis Ray Blankenship v. United States, 328 F.2d 19 (5th Cir. 1964). · Go Syfert
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Elvis Ray Blankenship v. United States, 328 F.2d 19 (5th Cir. 1964). Cases Citing This Book View Copy Cite
2 citation events across 2 distinct courts.
Strongest positive: United States v. Annamalai Annamalai (ca11, 2019-09-24)
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discussed Cited "see" United States v. Annamalai Annamalai
11th Cir. · 2019 · signal: see · confidence high
See Blankenship v. United States, 328 F.2d 19, 19 (5th Cir. 1964) (upholding the § 1071 conviction of a defendant who “concealed and harbored his brother, knowing that he was a fugitive and that a felony warrant had been issued for his arrest”).
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Elvis Ray BLANKENSHIP, Appellant,
v.
UNITED STATES of America, Appellee
20590.
Court of Appeals for the Fifth Circuit.
Feb 13, 1964.
328 F.2d 19
Joseph Malone Joiner, Sherman, Tex., for appellant., Leighton Cornett, Asst. U. S. Atty., Wm. Wayne Justice, U. S. Atty., Tyler, Tex., for appellee.
Hutcheson, Brown, Breitenstein.
Cited by 2 opinions  |  Published
PER CURIAM.

This is an appeal from a conviction and judgment under an indictment charging that the defendant had harbored and concealed one Richard Lee Blankenship, his brother, the said defendant knowing that a felony warrant had been issued for the arrest of the said Richard Lee Blankenship.

The appellant attacks the judgment as without support in the evidence in two particulars, (1) that there is no evidence supporting the charge that the defendant had harbored and concealed his brother, and (2) that, if there was evidence sufficient to convict him for concealing and harboring, there was no evidence showing that his brother was wanted on a felony warrant.

In addition to these points of error, appellant insists that the prosecutor in his closing argument committed reversible error in referring to the defendant as a criminal.

These points are, we think, completely without merit. There was ample evidence to establish that a felony warrant was issued for his brother’s arrest and that the defendant concealed and harbored his brother, knowing that he was a fugitive and that a felony warrant had been issued for his arrest. The attack upon the prosecutor’s argument as substantial error is without basis, is indeed frivolous.

The judgment should be, and it is, affirmed.