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United States v. Wayne Gilbert Marvel

UNITED STATES of America, Plaintiff-Appellee, v. Wayne Gilbert MARVEL, Defendant-Appellant

United States v. Marvel, 496 F.2d 1170 (5th Cir. 1974)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
July 5, 1974
Docket
No. 73-3293
Judges
Cir, Coleman, Dyer, Per Curiam, Roney
Citations
496 F.2d 11701974 U.S. App. LEXIS 7774
Summary
ON PETITION FOR REHEARING

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion — Per Curiam

PER CURIAM:

It is ordered that the petition for rehearing filed in the above entitled and numbered cause be and the same is hereby denied.

We are not convinced that the objection at trial on the Court’s instructions vis-a-vis “concealing” properly addressed the contention made on appeal so that the plain error standard of review would be inappropriate. Nevertheless, we have reviewed the record, assuming the point was properly presented for review, and find that the error being asserted on appeal, if error at all, was harmless.

The jury showed no confusion as to the meaning of the word “conceal.” The Court properly instructed that if the jury found defendant had received the motor vehicle, it would not be necessary to find that he had concealed it, in order to be in violation of 18 U.S.C.A. § 2313 .

The jury had indicated in the request for additional instructions that it felt the defendant did receive the automobile but it had no evidence that he concealed it. In view of this, we detect no harm to defendant in failure to define for the jury the meaning of “conceal.”

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1974: 11976: 11978: 119742026peak 1974 · 1

Relies on it most ⓘ

  1. United States v. Grindstaff479 F. Supp. 599 (E.D. Tenn. 1978)
  2. United States v. Carrol Edward Sanders and Sally Lee Clasen538 F.2d 695 (5th Cir. 1976)
  3. United States v. Wayne Gilbert Marvel, No. 73-3293 Summary Calendar493 F.2d 15 (5th Cir. 1974)

Most recent

  1. United States v. Grindstaff479 F. Supp. 599 (E.D. Tenn. 1978)
  2. United States v. Carrol Edward Sanders and Sally Lee Clasen538 F.2d 695 (5th Cir. 1976)
  3. United States v. Wayne Gilbert Marvel, No. 73-3293 Summary Calendar493 F.2d 15 (5th Cir. 1974)

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 0

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