United States v. David Lee Peacock, United States of America v. William Lee Freeman

EDWARDS, Circuit Judge

(concurring).

I concur in Judge McAllister’s opinion, including the holding therein that no prejudicial error resulted from the offer in evidence of the loaded guns seized at the time of arrest of defendant Freeman. This holding, however, I would relate to the admissibility of such testimony as bearing on the state of mind of the accused. Banning v. United States, 130 F. 2d 330 (6th Cir. 1942), cert, denied, 317 U.S. 695, 63 S.Ct. 434, 87 L.Ed. 556 (1943); Allen v. United States, 164 U.S. 492, 17 S.Ct. 154, 41 L.Ed. 528 (1896); Hall v. People, 39 Mich. 717 (1878); 2 JONES ON EVIDENCE § 386 (5th ed„ Gard rev. 1958).