Samples v. United States, 9872.
| Decision Date | 01 August 1941 |
| Docket Number | No. 9872.,9872. |
| Citation | 121 F.2d 263 |
| Parties | SAMPLES v. UNITED STATES. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Wm. C. Rayburn, of Guntersville, Ala., and A. E. Hawkins, of Fort Payne, Ala., for appellant.
Jim C. Smith, U. S. Atty., and Jack H. McGuire, Asst. U. S. Atty., both of Birmingham, Ala., for appellee.
Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges.
Appellant, E. C. Samples, was convicted of conspiring to violate Sec. 135 Criminal Code, 18 U.S.C.A. § 241.1 The indictment is lengthy but may be somewhat briefly stated. With appropriate allegations as to intent and knowledge, the indictment in substance alleges that appellant conspired with one J. Gould Samples, Jr., and other persons, not indicted, to unlawfully and corruptly endeavor to influence, intimidate and impede one Kirby Bryant, a witness, who intended to testify in the United States District Court for the Northern District of Alabama, in a case then pending before said court, styled United States v. Kirby Bryant and J. G. Samples, Jr., in which the said defendants had been indicted for violation of the internal revenue laws of the United States by possessing and transporting non tax paid liquor; to unlawfully and corruptly endeavor to influence said Kirby Bryant to testify falsely, at the trial of the said case, that he was the owner of the non tax paid distilled liquor and the other defendant, J. G. Samples, Jr., had no interest in it and was innocent of the charge made in the indictment; to unlawfully and corruptly endeavor to impede, obstruct and endeavor to influence the due administration of justice in the said case by persuading and attempting to persuade Kirby Bryant not to appear at the trial of said case in which he was a defendant at the time it was set for trial.
Twelve overt acts were set out as having been done in furtherance of the conspiracy. There are forty assignments of error.
Appellant assigns error to the refusal of the court to give the general affirmative charge. There was no other objection to the charge of the court. The record shows the following facts. On December 11, 1936, J. G. Samples, Jr., and Kirby Bryant were in an automobile on the highway with some 45 gallons of non tax paid whiskey. The car was stopped by local officers, the liquor and car were seized and Kirby Bryant was arrested. J. G. Samples, Jr. escaped and was not arrested until later. An indictment was returned against J. G. Samples, Jr., and Kirby Bryant charging them with possessing and transporting the 45 gallons of non tax paid whiskey. That case was set for trial on April 7, 1937, but was continued because of the illness of J. G. Samples, Jr. It was set for trial on November 13, 1937, and when called, neither Samples nor Bryant was present. Their bail was forfeited and a capias for each defendant was issued. On January 31, 1938, new bonds were filed for each defendant. On March 16, 1939, the case was again set for trial. Bryant did not appear. His bond was forfeited and severance was granted as to J. G. Samples, Jr., who was tried and acquitted. On February 26, 1940, Kirby Bryant was tried and a mistrial was entered.
On the trial of this case H. B. Bryant, father of Kirby Bryant, testified that J. G. Samples, Jr., came to him shortly after December 11, 1936, and asked him to persuade his son, Kirby to take the responsibility for the 45 gallons of whiskey and he would pay Kirby Bryant $5 a day for every day he had to serve; that later E. C. Samples told him his son's case had been thrown out. Kirby Bryant testified that J. G. Samples, Jr., asked him to claim the whiskey and the car seized on December 11, 1936, and told him that the case would not come up for trial as it had been fixed so that it would be put over and offered to pay him so much per day if he would claim the whiskey; that J. G. Samples, Jr., told him he was just a kid and would not get over 90 days in jail if he claimed the whiskey. He further testified that when J. G. Samples, Jr., was being tried, he, Kirby Bryant, came up to the courtroom and appellant met him outside in the hall and told him that J. G. Samples, Jr., was being tried and that his, Bryant's case had been thrown out and if he went in there they might try to bring his case up. Perry Wharton testified that he heard J. G. Samples, Jr., and E. C. Samples discuss a plan for one of the defendants, Kirby Bryant or J. G. Samples, Jr., to be absent one time when their case was called for trial and the other to be absent another time and that if one was out of the way the other would not be tried; that he was in the hall when the case of J. G. Samples, Jr., was being tried; that he heard appellant ask Kirby Bryant what he came up to the courtroom for when his case was over with and that appellant and Kirby Bryant then left the courthouse together. James F. Character testified that in the spring of 1939 appellant stopped at his place and asked him to keep Kirby Bryant away from the court at Gadsden until the trial was over and offered him $25 to do so. He further testified appellant told him that if he would keep Bryant away from court J. G. Samples, Jr., would beat his case. There was other testimony tending to show a close connection between J. G. Samples, Jr., and E. C. Samples, appellant.
Appellant took the stand on his own behalf and denied that he had tried to influence Bryant to absent himself from the trial of the case or testify falsely. He also denied that he made any proposition to Character to pay him $25 to keep Bryant away from the trial until it was over. He denied that he had spoken to Kirby Bryant or had gone out of the courtroom with him but admitted that he was present during the trial of J. G. Samples, Jr., in the hall with the other witnesses.
It is argued on behalf of appellant that Character and Wharton were both serving terms in the penitentiary when brought to Gadsden...
To continue reading
Request your trial
-
U.S. v. Silverman
...States v. Griffin, 589 F.2d 200, 204 (5th Cir.), cert. denied, 444 U.S. 825, 100 S.Ct. 48, 62 L.Ed.2d 32 (1979); Samples v. United States, 121 F.2d 263, 265 (5th Cir.), cert. denied, 314 U.S. 662, 62 S.Ct. 129, 86 L.Ed. 530 The Fourth Circuit has held that an individual who sought to obtain......
-
U.S. v. Lester, s. 83-1242
...a miscarriage of Justice by corrupt methods.' " Catrino v. United States, 176 F.2d 884, 887 (9th Cir.1949) (quoting Samples v. United States, 121 F.2d 263, 265 (5th Cir.1941)). Undeniably, Congress passed the Act "to strengthen existing legal protections for victims and witnesses of Federal......
-
U.S. v. Howard
...not only with protecting witnesses, jurors, and court officials but also with preventing "miscarriage(s) of Justice." Samples v. United States, 121 F.2d 263, 265 (5th Cir.), cert. denied, 314 U.S. 662, 62 S.Ct. 129, 86 L.Ed. 530 (1941). See note 3 supra. Using threats to prevent a grand jur......
-
U.S. v. Williams, 87-2929
...judicial proceedings and to prevent "miscarriage[s] of justice by corrupt methods." Vesich, 724 F.2d at 453 (quoting Samples v. United States, 121 F.2d 263, 265 (5th Cir.), cert. denied, 314 U.S. 662, 62 S.Ct. 129, 86 L.Ed. 530 (1941)). The omnibus clause, emphasized above, clearly forbids ......