Clayborne Bynum v. United States

Clayborne BYNUM, Appellant v. UNITED STATES of America, Appellee

Bynum v. United States, 274 F.2d 767 (D.C. Cir. 1960)

Court: Court of Appeals for the D.C. Circuit · U.S. Courts of Appeals
Decided: January 26, 1960
Docket: No. 15373
Judges: Fahy, Washington, Danaher
Citations: 274 F.2d 767

Opinion — Per Curiam

PER CURIAM.

In Bynum v. United States, 104 U.S.App.D.C. 368 , 262 F.2d 465 , we reversed the conviction of the present appellant on an indictment for the same crime of which he now stands convicted on a new indictment, resulting in the judgment on appeal. Our reversal rested upon the use by the prosecution of a fingerprint of appellant obtained as a product of his unlawful arrest. On the trial now under review the fingerprint so obtained was not used; instead, an older fingerprint in the files of the Federal Bureau of Investigation, in no way connected with the unlawful arrest, was used for purposes of comparison. There was competent evidence from which the jury could conclude that the Government’s expert obtained a fingerprint from the scene of the crime and that both it and the fingerprint from the files of the Federal Bureau of Investigation were those of appellant.

There being no error in the respect which led to our prior decision, above referred to, or otherwise affecting substantial rights of the appellant, the judgment of conviction is accordingly Affirmed.

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Cited by 27 cases

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Relies on it most ⓘ

Wilson M. Smith, Jr. v. United States of America, Raymond Bowden v. United States324 F.2d 879 (D.C. Cir. 1963)
State v. Simmons682 S.E.2d 19 (S.C. Ct. App. 2009)
Crews v. United States369 A.2d 1063 (D.C. 1977)
Commonwealth of Virginia v. Jermaine Antoine ColemanNo. 1017182 (Va. Ct. App. Nov. 20, 2018)
Davis v. Mississippi394 U.S. 721 (1969)
United States v. Crews445 U.S. 463 (1980)

Most recent

Commonwealth of Virginia v. Jermaine Antoine ColemanNo. 1017182 (Va. Ct. App. Nov. 20, 2018)
State v. Simmons682 S.E.2d 19 (S.C. Ct. App. 2009)
Moss v. State512 So. 2d 328 (Fla. Dist. Ct. App. 1987)
State v. Ostroski518 A.2d 915 (Conn. 1986)
Commonwealth v. Fredette486 N.E.2d 1112 (Mass. 1985)
State v. Aldridge304 S.E.2d 671 (W. Va. 1983)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

Depth	Case	Cited by
	Bynum v. United States, 262 F.2d 465 (D.C. Cir. 1959)	88

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