U.S. v. Simmons

In prosecution on armed bank robbery charge, Dist. Ct. did not commit reversible error in admitting gloves which, according to police, belonged to defendant, and which were used by culprit during bank robbery, even though police failed to account for custody of said gloves during portion of time after defendant's arrest. Any error was harmless where: (1) defendant conceded that gloves in his possession at time of his arrest were in fact gloves that had been used in robbery, albeit by someone else; and (2) jury was only called upon to decide whether gloves introduced into evidence were used by defendant or someone else. Moreover, any gap in chain of custody went to weight of evidence, rather than their admissibility where there was no evidence of tampering.