Thibodeau v. United States
Decision Date | 07 July 1966 |
Docket Number | No. 23102.,23102. |
Citation | 361 F.2d 443 |
Parties | Robert James THIBODEAU, Appellant, v. UNITED STATES of America, Appellee. |
Court | U.S. Court of Appeals — Fifth Circuit |
Wilfred C. Varn, Tallahassee, Fla., for appellant.
Stewart J. Carrouth, Asst. U. S. Atty., Clinton Ashmore, U. S. Atty., Tallahassee, Fla., for appellee.
Before WISDOM and THORNBERRY, Circuit Judges, and COX,* District Judge.
Convicted by a jury of interstate transportation of a stolen motor vehicle, in violation of 18 U.S.C. § 2312, appellant raises two contentions on this appeal, neither of which is meritorious.
Appellant's first contention is that the indictment was fatally defective because his surname was misspelled. The indictment charged that Robert James "Thibobeau" committed the offense, while appellant's true name is spelled "Thibodeau." The rule stated in Faust v. United States, 1896, 163 U.S. 452, 454, 16 S.Ct. 1112, 41 L.Ed. 224, is dispositive of this contention:
See also Capriola v. United States, 7th Cir. 1932, 61 F.2d 5; United States v. Denny, 7th Cir. 1947, 165 F.2d 668.
Appellant's second contention is that an oral confession which he gave to federal authorities after having been held in state custody for ten days was involuntary and inadmissible as a matter of law. Appellant relies on Anderson v. United States, 1943, 318 U.S. 350, 63 S. Ct. 599, 87 L.Ed. 829, for the proposition that there was an unlawful "working arrangement" between state and federal authorities. The record, however, fails to disclose any evidence of any such federal-state collaboration. It is settled that a mere suspicion of a working arrangement will not suffice. United States v. Coppola, 2nd Cir. 1960, 281 F.2d 340, 344-345; Young v. United States, 8th Cir. 1965, 344 F.2d 1006, 1010.
ON PETITION FOR REHEARING
It is ordered that Appellant's petition for rehearing in the above entitled and numbered cause be, and the same is hereby denied. Johnson v. State of New...
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...if substantially the same sound is preserved." Faust v. United States, 163 U.S. 452, 454 (1896). See also Thibodeau v. United States, 361 F.2d 443, 444 (5th Cir. 1966) (per curiam); Cox v. State, 608 S.W.2d 219, 219 (Tex. Crim. App. 1980) ("If the names may be sounded alike without doing vi......
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