Fallen v. United States, 15301.

Citation220 F.2d 946
Decision Date18 May 1955
Docket NumberNo. 15301.,15301.
PartiesCurtis FALLEN, Irene Fallen and Hugh Dorsey Trice, v. UNITED STATES of America.
CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)

Zach H. Douglas, Jacksonville, Fla., A. A. Nathan, Brunswick, Ga., for appellant.

Donald H. Fraser, Asst. U. S. Atty., William C. Calhoun, U. S. Atty., Augusta, Ga., for appellee.

Before HOLMES and RIVES, Circuit Judges, and THOMAS, District Judge.

RIVES, Circuit Judge.

The appellants were tried together upon two consolidated indictments of several counts each, all relating to stolen motor vehicles. The jury returned a verdict, finding the defendants guilty on all counts of the first indictment and the parties make no point but that as to each party that means on all counts in which such party is included. A fourth defendant, Jack Lynn, was also charged in several counts of the first indictment and was found guilty and sentenced, but does not appeal. Jack Lynn was not named in the second indictment. On the second indictment Curtis Fallen and Irene Fallen were found guilty on all counts, but Hugh Dorsey Trice was found not guilty on the two counts in which he was named. Curtis Fallen was sentenced to ten years imprisonment under each indictment, the sentences to run concurrently; Irene Fallen to three years imprisonment under each indictment, the sentences to run concurrently; and Hugh Dorsey Trice to two years imprisonment under the first indictment.

The first indictment, No. 467, contained five counts: Count One charged that on or about April 20, 1953, Curtis Fallen, Irene Fallen, and Jack Lynn transported a stolen motor vehicle, a 1952 Cadillac automobile, from Jacksonville, Florida to Brunswick, Georgia, knowing said motor vehicle to have been stolen and in violation of Title 18 United States Code, Section 2312. Count Two charged that on or about April 20, 1953, Curtis Fallen, Irene Fallen, Jack Lynn and Hugh Dorsey Trice willfully and knowingly received, concealed and disposed of the 1952 Cadillac automobile, which was then moving as a part of interstate commerce, knowing the same to have been stolen and in violation of Title 18 United States Code, Section 2313. Count Three charged that all four defendants, along with Thomas Curtis Jones, not indicted, did unlawfully conspire and agree together to commit the offense charged in Count Two, the conspiracy being in violation of Title 18 United States Code, Section 371. Counts Four and Five were directed against Curtis Fallen alone. Count Four charged Curtis Fallen with transporting a stolen Buick automobile from Jacksonville, Florida to Kingsland, Georgia, knowing the same to have been stolen in violation of said Section 2312. Count Five charged Curtis Fallen with unlawfully concealing and disposing of the same Buick automobile, which was then moving as a part of interstate commerce, knowing it to have been stolen in violation of said Section 2313.

The second indictment, No. 468, contained three counts: Count One charged that Curtis Fallen and Irene Fallen transported a stolen motor vehicle, a 1952 Pontiac automobile, from Jacksonville, Florida to Brunswick, Georgia, knowing the same to have been stolen in violation of said Section 2312. Count Two charged that Curtis Fallen, Irene Fallen and Hugh Dorsey Trice did knowingly receive, conceal and dispose of said 1952 Pontiac automobile, which was moving as a part of interstate commerce, knowing the same to have been stolen in violation of said Section 2313. Count Three charged Curtis Fallen, Irene Fallen and Hugh Dorsey Trice with conspiracy to commit the offense described in Count Two, the conspiracy being in violation of said Section 371.

The United States Attorney stated that Thomas Curtis Jones was not included in the indictments because he had pleaded guilty in the Middle District of Alabama to all charges against him. Jones turned state's evidence and was the Government's principal witness.

In the course of his testimony he related a conversation which he claimed he had had with Irene Fallen, one of the alleged conspirators; that Irene Fallen told him that she had worked with two men named Denton and Hornbeck, and that they had been bringing cars to alleged conspirator Trice to have the numbers changed and then taken them to a place in Evansville, Indiana, but that "there was no reason we should cut all those people in, * * *, that Mr. Trice would change the numbers for us and that we would sell the cars ourselves." The objection to this testimony was properly overruled, the statements of one conspirator while the conspiracy is in progress being admissible against the co-conspirators. 11 Am.Jur., Conspiracy, Sec. 40.

Jones further testified that he knew the men referred to as Denton and Hornbeck, "It was two gentlemen that had previously been in the Federal Penitentiary in Atlanta, Georgia, and since then has been convicted of robbing the Citizens & Southern National Bank in Savannah, Georgia." Upon objection by the defendants, that statement was withdrawn by the Government, and the court charged the jury, "Well, it has been withdrawn. Gentlemen of the jury, don't consider any statement he might have made about Hornbeck and Denton, about meeting...

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25 cases
  • U.S. v. Arteaga-Limones
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 8 Abril 1976
    ...these acts, they logically would infer from that conduct that he possessed the requisite criminal intent. See Fallen v. United States, 5th Cir. 1955, 220 F.2d 946, 948, cert. denied, 350 U.S. 924, 76 S.Ct. 213, 100 L.Ed. As was the case in Miller, it is highly unlikely that the jury would c......
  • U.S. v. Hearst
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • 2 Noviembre 1977
    ...part of the government's case-in-chief. United States v. Adderly, 529 F.2d 1178, 1181 n. 1 (5th Cir. 1976), quoting Fallen v. United States, 220 F.2d 946, 948 (5th Cir. 1955); United States v. Ring, 513 F.2d 1001, 1007-09 (6th Cir. 1975). It was reversible error, appellant concludes, to adm......
  • Landsdown v. United States
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 23 Junio 1965
    ...charged, that their admission into evidence was erroneous. Giordano v. United States, 6th Cir. 1950, 185 F.2d 524; Fallen v. United States, 5th Cir. 1955, 220 F.2d 946, cert. den., 350 U.S. 924, 76 S.Ct. 213, 100 L.Ed. 808. See White v. United States, 9th Cir. 1961, 294 F.2d 952, cert. den.......
  • State v. Cook
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    • Court of Appeals of Idaho
    • 5 Octubre 2007
    ...the act, and evidence of other crimes was not necessary or admissible to establish the accused's intent. We cited Fallen v. United States, 220 F.2d 946 (5th Cir.1955), where the court therein stated that if the defendant had in fact altered the serial numbers on two cars, there was "no real......
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