287 F.2d 657 (5th Cir. 1961), 18395, Castle v. United States

Docket Nº:18395.
Citation:287 F.2d 657
Party Name:Glenn Dale CASTLE, Appellant, v. UNITED STATES of America, Appellee.
Case Date:February 17, 1961
Court:United States Courts of Appeals, Court of Appeals for the Fifth Circuit
 
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Page 657

287 F.2d 657 (5th Cir. 1961)

Glenn Dale CASTLE, Appellant,

v.

UNITED STATES of America, Appellee.

No. 18395.

United States Court of Appeals, Fifth Circuit.

February 17, 1961

Rehearing Denied March 22, 1961.

Page 658

Bill Wardlaw Brown, Fort Worth, Tex., for appellant.

William L. Hughes, Jr., Asst. U.S. Atty., Fort Worth, Tex., for appellee.

Page 659

Before TUTTLE, Chief Judge, and RIVES and JONES, Circuit Judges.

JONES, Circuit Judge.

Appellant was tried and convicted on all five counts of an indictment under 18 U.S.C.A. § 2314, which charged appellant with knowingly and unlawfully transporting was fraudulent intent five falsely made and forged American Express Company money orders in interstate commerce from Vincennes, Indiana, to Tarrant County, Texas, knowing that the money orders had theretofore been falsely made and forged.

In January, 1960, some two years after five hundred money order forms had been reported missing from a shipment from the International Business Machines plant in Greencastle, Indiana, to the American Express Company, the appellant was registered as a guest at the Western Hills Inn in Tarrant County, Texas. While registered there, appellant called an audio equipment company concerning the purchase of a stereophonic recorder. An agent of the equipment company visited appellant at the Western Hills Inn, and appellant, in an intoxicated condition, displayed a handful of American Express money orders, handed several to the agent and held up a package which he said contained more of the same. After the agent left appellant's room, he telephoned the American Express Company office to report the incident.

On January 15th, two men from the Sheriff's office went to the Western Hills Inn to observe appellant, and soon two other deputies were summoned for surveillance purposes. When appellant first emerged from his room that afternoon, he was stopped by the deputies, and he invited them back inside. A request to search the room was made by the deputies and refused by the appellant, after which one deputy left to secure a warrant, which took approximately two and one-half hours. Appellant remained in the room with the other deputies during this period. After the warrant had been secured, a search of the room and the person of appellant was conducted, and the five money orders listed in the indictment which had been filled in with the name of an apparent sender and the name of a payee in the amount of $100.00, other money orders containing no names or amounts, and receipt stubs for money orders that had been cashed, were found. These money orders contained serial numbers matching those which had been reported missing from the shipment made in 1958 from the I.B.M. plant to American Express Company.

Appellant was told that any statements he might make could be used against him, and he was also advised of his right to counsel. Appellant called two lawyer's one of whom came to appellant's room and talked with him privately. Shortly thereafter, appellant was taken to the Sheriff's office in Fort Worth, and questioned by one of the deputies. Appellant volunteered information and stated that he obtained the money orders while acting as an air-conditioning representative visiting the International Business Machines plant in Greencastle, Indiana, in June, 1958. Appellant was admitted to the American Express money order room of the plant, was left alone in the room for a brief period, slipped a package...

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