(Download) "United States v. Smith" by United States Court Of Appeals For The Sixth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: United States v. Smith
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 22, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Michael E. Smith appeals a judgment entered upon a jury verdict of guilty on all four counts of an indictment charging him with mailing threats against the President and Vice President of the United States in violation of 18 U.S.C. § 871 (counts 1 and 2), and with mailing threats against a federal officer, 18 U.S.C. § 115 (counts 3 and 4). In his direct appeal Smith has raised six different grounds for reversal: (1) that the trial court erred in failing to acquit him of the charges because the proofs failed to substantiate that he had any intention actually of harming the individuals named therein; (2) that the trial court erred in failing to acquit him because the language of the letters which were employed to prove the threats could not as a matter of law be taken as such but instead were merely expressions of the personal feelings of the defendant; (3) that he was denied a fair trial because of the prosecutions improper introduction of evidence concerning his alcoholism and other statements he had made earlier concerning the persons involved and before delivery of the letters which actually brought about his prosecution; (4) that the trial court erred in failing to give his proffered instruction concerning the requisite state of mind and intent necessary to his conviction; (5) that the trial court committed reversible error by its intemperate remarks made in criticism of defense counsel both in and out of the presence of the jury; and (6) that the trial court erred in failing to state reasons for its sentencing decision.
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