220 F.2d 946 (5th Cir. 1955), 15301, Fallen v. United States

Docket Nº:15301.
Citation:220 F.2d 946
Party Name:Curtis FALLEN, Irene Fallen and Hugh Dorsey Trice, v. UNITED STATES of America.
Case Date:April 08, 1955
Court:United States Courts of Appeals, Court of Appeals for the Fifth Circuit
 
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Page 946

220 F.2d 946 (5th Cir. 1955)

Curtis FALLEN, Irene Fallen and Hugh Dorsey Trice,

v.

UNITED STATES of America.

No. 15301.

United States Court of Appeals, Fifth Circuit.

April 8, 1955

Rehearing Denied May 18, 1955.

Page 947

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 ofense 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...

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