UNITED STATES v. FLUTE

No. 86-5237.

807 F.2d 758 (1986)

UNITED STATES of America, Appellee, v. Ricky Good Voice FLUTE, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 29, 1986.


Attorney(s) appearing for the Case

John J. Burnett, Albany, N.Y., for appellant.

Ted L. McBride, Asst. U.S. Atty., Rapid City, S.D., for appellee.

Before BOWMAN, Circuit Judge, BRIGHT, Senior Circuit Judge, and CONMY, District Judge.


PER CURIAM.

Ricky Good Voice Flute appeals his conviction for assault with a dangerous weapon. For reversal, he submits that he was denied a fair trial because his defense counsel improperly was prevented from making certain remarks at the conclusion of his opening statement. We affirm the conviction.

Defendant's attorney attempted to conclude his opening remarks by requesting the jury to "keep an open mind" with respect to the evidence, and to avoid reaching...

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