United States of America, Appellee, v. Kenneth Lee Windes, Appellant, 413 F.2d 1407 (9th Cir. 1969)

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US Court of Appeals for the Ninth Circuit - 413 F.2d 1407 (9th Cir. 1969) July 18, 1969
Certiorari Denied November 17, 1969

See 90 S. Ct. 273.

Richard D. Totter (appeared), San Francisco, Cal., for appellant.

John S. Obenour (appeared), Asst. U. S. Atty., Eugene G. Cushing, U. S. Atty., Tacoma, Wash., for appellee.

Before BARNES, HAMLIN and MERRILL, Circuit Judges.


Appellant, convicted of attempted escape (18 U.S.C. § 751) and assault of a United States Marshal (18 U.S.C. § 111), urges three grounds upon this appeal. First, that cross-examination of a defense witness (who participated in the crimes charged) as to six prior alleged felony convictions when he admitted but three was error; second, that certain unrequested instructions should have been given because this was a complex trial; third, that conducting a trial in a courtroom where noises from outside the room could be heard at times was a denial of due process.

We hold there was no error in any of the three matters urged and we affirm the conviction. The appeal approaches the frivolous.