United States v. William Stephan Weir

BARKSDALE, District Judge

(dissenting) :

With due deference to my colleagues, I feel constrained to dissent. It is my considered judgment that the defendant was found guilty solely because he was guilty and the Government’s evidence proved him guilty beyond a reasonable doubt. He relied on a motion to suppress evidence because of an alleged illegal search and seizure and objections to the admission of his own statements on the ground that the statements had been illegally obtained. When the court properly overruled these contentions, he neither took the witness stand, nor introduced any evidence in his own behalf. Being satisfied that the objectionable part of the charge had nothing to do with the conviction, I would affirm.