371 F.2d 296 (7th Cir. 1966), 15223, United States v. Garrett

Docket Nº:15223-24-25.
Citation:371 F.2d 296
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. Robert James GARRETT, Thomas Earl Simmons and William Earl Andrews, Defendants-Appellants.
Case Date:December 07, 1966
Court:United States Courts of Appeals, Court of Appeals for the Seventh Circuit
 
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Page 296

371 F.2d 296 (7th Cir. 1966)

UNITED STATES of America, Plaintiff-Appellee,

v.

Robert James GARRETT, Thomas Earl Simmons and William Earl Andrews, Defendants-Appellants.

No. 15223-24-25.

United States Court of Appeals, Seventh Circuit.

December 7, 1966

Rehearing Denied Jan. 23, 1967.

Page 297

Phillip H. Ginsberg, George E. Bullwinkel, Raymond J. Smith, Doris A. Coonrod, Chicago, Ill., for appellants.

Edward V. Hanrahan, U.S. Atty., George E. Faber, Asst. U.S. Atty., Chicago, Ill., for appellee. John Peter Lulinski, Asst. U.S. Atty., of counsel.

Before HASTINGS, Chief Judge, DUFFY, Senior Circuit Judge, and SCHNACKENBERG, Circuit Judge.

SCHNACKENGERG, Circuit Judge.

Defendant, Robert James Garrett, William Earl Andrews and Thomas Earl Simmons, severally appeal from judgments entered by the district court, on April 6, 1965, based upon a trial by jury, convicting them of robbery on February 27, 1964 of a savings and loan association whose accounts were insured by the Federal Savings and Loan Insurance Corporation, in violation of Title 18 U.S.C. § 2113, said defendants then being armed with dangerous weapons, to-wit, firearms, as charged in an indictment filed March 3, 1964.

It appeared from evidence introduced out of the jury's presence on defendant Garrett's motion to suppress that during the afternoon of February 27, 1964, six men forced their way into the home of Mrs. Mahon, the mother of defendant Andrews, and after ransacking the house without permission, they suddenly left without taking anything. Thereafter, at about 6:30 P.M. FBI agents Huntington and Quinlan came to that house without a warrant and went to the basement

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where they saw two suitcases in which money wrappers and other incriminating evidence were found. The men took one of the suitcases with them. While they were in the house they 'looked and searched everything'. On cross-examination Mrs. Mahon testified that the men took both suitcases, which were not owned by her, and in fact she did not know how they got there, because she did not give anybody permission to put them there.

Mrs. Mahon further testified that, when these agents said there was something in the basement that they wanted, she did not know that a suitcase was there, so they went down and she followed. She testified that she did not on that day give anybody permission to put the suitcases in her house, specifically a brownish suitcase (Government's Group Exhibit No. 4). Her answer was the same as to another suitcase marked Government Group Exhibit No. 3.

She also testified that Andrews was not in her home that day.

At the hearing on said motion, Garrett testified in substance that a suitcase (the one marked Government's Group Exhibit No. 4)...

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