United States v. Daniel Wayne Bates, 453 F.2d 1373 (5th Cir. 1971). · Go Syfert
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United States v. Daniel Wayne Bates, 453 F.2d 1373 (5th Cir. 1971). Cases Citing This Book View Copy Cite
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UNITED STATES of America, Plaintiff-Appellee,
v.
Daniel Wayne BATES, Defendant-Appellant
71-1549.
Court of Appeals for the Fifth Circuit.
Dec 23, 1971.
453 F.2d 1373
Thornberry, Morgan, Clark.
Published
PER CURIAM:

Affirmed. See Local Rule 21. 1 , 2

1

. See NLRB v. Amalgamated Clothing Workers of America, 430 F.2d 966 (5th Cir. 1970).

2

. On appeal, defendant complains of admission of improper lineup identification evidence. In view of the overwhelming other evidence of identification, any error was harmless. All other asserted errors relate to his claim that he was “morally insane.” The issues assert that the government failed to prove sanity, that his motion for a judgment of acquittal should have been granted, and that the jury could not have found him sane under the court’s instruction applying the test laid down in Blake v. United States, 407 F.2d 908 (5th Cir. 1969).