Joseph William Morgan, A/k/a Lester Carter, A/k/a Edward James Johnson, Appellant, v. United States of America, Appellee, 405 F.2d 497 (5th Cir. 1968)

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US Court of Appeals for the Fifth Circuit - 405 F.2d 497 (5th Cir. 1968) December 2, 1968

Sherwin P. Simmons, Tampa, Fla., for appellant.

Edward F. Boardman, U. S. Atty., Robert B. McGowan, Robert H. MacKenzie, Asst. U. S. Attys., Tampa, Fla., for appellee.

Before TUTTLE and AINSWORTH, Circuit Judges, and MITCHELL, District Judge.


We conclude that there was ample evidence to corroborate the inculpatory statement made by the accused in this Dyer Act conviction to warrant submission of the case to the jury. Concededly, the Miranda warning was given. We cannot, at this appellate level, consider the appellant's contention that there should have been an affirmative determination that the accused fully understood the warning before the statement could be used against him. The law does not place any such burden on the government.

The judgment is affirmed.