Caster v. United States, 20001.
| Decision Date | 29 August 1963 |
| Docket Number | No. 20001.,20001. |
| Citation | 319 F.2d 850 |
| Parties | Frederick James CASTER, Appellant, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Dan Kennerly, Houston, Tex., for appellant.
William L. Hughes, Jr., Asst. U. S. Atty., Fort Worth, Tex., Charles D. Cabaniss, Asst. U. S. Atty., Dallas, Tex., Barefoot Sanders, U. S. Atty., for appellee.
Before HUTCHESON and GEWIN, Circuit Judges, and CONNALLY, District Judge.
The appellant was convicted of violating the Dyer Act, 18 U.S.C.A. § 2312, and sentenced to confinement for five years.
It appears without dispute that appellant was jailed in the early morning hours of February 20, 1962, by a city police officer of the town of North Richland Hills, Texas, for driving a motor vehicle without an operator's license. The vehicle was bearing Oklahoma license plates.
Investigation disclosed that the vehicle had been stolen some two months previously in Thomasville, North Carolina, and an agent of the F.B.I. was notified. On the morning of February 21, this agent spoke to the appellant in jail. After being advised of his rights, and following a discussion of approximately two hours, the appellant confessed to the offense. His statement was to the effect that he had bought the automobile in Chicago, but realized that it was stolen; that he had driven it through a number of states and into the Republic of Mexico, thence back to Texas. He had procured a number of different license plates for the car, including those in use at the time of his arrest. Thereupon he was charged with the offense of which he was subsequently convicted.
Following his confession to the agent of the F.B.I., appellant undertook to commit suicide; and at a later date, and prior to trial, again undertook to take his own life. Based on this information, together with certain medical information before him, the United States attorney filed a motion under Section 4244, Title 18 U.S.C.A. The motion called the attention of the Court to the fact that there was good cause to believe that the appellant was not then mentally competent, or able to understand the proceedings against him or to assist in his own defense. The District Court immediately entered an appropriate order committing the appellant to the United States Public Health Hospital for psychiatric examination. He was found to be competent.
The principal questions raised by appellant are (a) that the corpus delicti of the offense with which he was charged was not proved by sufficient independent evidence, and hence that the admission of his confession was not warranted; and (b) that the District Court committed error in failing to appoint counsel to represent appellant on the motion under Section 4244, resulting in his commitment for mental examination. Neither point, in our judgment, is of any merit.
To prove the corpus delicti of an offense, by evidence independent of the confession, the Government need only prove that the offense in question likely has been committed. Vogt v. United States, (5th Cir. 1946), 156 F.2d 308. The elements of this Dyer Act charge are, that a motor vehicle was stolen, and that it was transported across a state line by one with guilty knowledge. This burden was met when the Government offered evidence to show that the car was stolen in North Carolina and recovered shortly thereafter in the appellant's possession in Texas.
This independent evidence need not make such proof beyond a reasonable doubt (French v. United States, (5th...
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United States v. Knohl
...Hawks v. Peyton, 370 F.2d 123, 125 (4 Cir. 1966); United States v. Wilkins, 334 F.2d 698, 703 (6 Cir. 1964); Caster v. United States, 319 F.2d 850, 852 (5 Cir. 1963). With regard to the appellant's claim that he was physically incapable of standing trial and that he was unable properly to a......
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State v. Correll
...report reflects a mental condition which calls for a hearing and examination by the Court of the appellant's competence". 319 F.2d 850, 852 (5th Cir.1963). In U.S. v. Tesfa, the court, quoting Caster, commented that § 4244 proceedings are non-adversarial and that "[e]ven where further inqui......
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Naples v. United States
...U.S.App. D.C. 135, 155, 317 F.2d 546, 566 (1963), cert. denied, 374 U.S. 856, 83 S.Ct. 1897, 10 L.Ed.2d 1077 (1963); Caster v. United States, 319 F.2d 850 (5th Cir. 1963); French v. United States, 232 F.2d 736 (5th Cir. 1956); United States v. Baker, 293 F.2d 613 (3d Cir. 1961). 10 See 7 WI......
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Floyd v. United States
...indictment and plead guilty. Indeed, the Government apparently concedes as much. Instead, it relies on cases such as Caster v. United States, 5 Cir., 1963, 319 F.2d 850, cert. den., 1964, 376 U.S. 953, 84 S.Ct. 972, 11 L.Ed.2d 973, Hereden v. United States, 10 Cir., 1961, 286 F.2d 526, and ......