441 F.2d 1089 (5th Cir. 1971), 31041, United States v. Reid
| Docket Number | 31041. [*] |
| Citation | 441 F.2d 1089 |
| Date | 28 April 1971 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Walter Allen REID, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Page 1089
John S. Tucker, Jr., Birmingham, Ala., for defendant-appellant.
Walter A. Reid (pro se).
Wayman G. Sherrer, U.S. Atty., Melton L. Alexander, Asst. U.S. Atty., Birmingham, Ala., for plaintiff-appellee.
Before WISDOM, COLEMAN, and SIMPSON, Circuit Judges.
PER CURIAM:
A jury in the United States District Court for the Northern District of Alabama found Walter Allen Reid guilty of three counts of conspiracy to steal goods in interstate commerce, under 18 U.S.C. 659, 2314. The theft was the taking of a trailer, loaded with $123,760 worth of mercury, from the motor freight terminal where it was awaiting interstate transportation.
On appeal, Reid argues that the court below erred in refusing to direct a verdict of acquittal and in refusing to grant a mistrial because of assertedly prejudicial statements. We affirm Reid's conviction.
Reid's first point on appeal is usually stated in terms of the sufficiency of the evidence to support the jury verdict. There was ample testimony in the trial below to support a verdict of guilty. David Harkins, charged in the indictment as a co-conspirator, testified that before the theft Reid asked him to find a purchaser for stolen mercury. Also, Harkins testified that on the day of the theft Reid asked him to find a tractor truck with which to haul a trailer. Unable to get a tractor by himself, Harkins approached Nathan Frazier, who arranged for the use of a tractor for the evening. Harkins then escorted Frazier to Reid's place of business.
Frazier, also indicted as a co-conspirator, testified at the trial. He said that once he arrived at Reid's place of business, he acted on orders from Reid. He and Reid went to Sandy Lumber Co., where the truck tractor was parked. On Reid's instructions, Frazier drove the tractor to the Anniston Motor Express terminal, attached the tractor to the trailer, and returned with the trailer to the Sandy Lumber Co. There the trailer was unloaded, under Reid's supervision, and the mercury was transferred to three or four small trucks. Again under Reid's instructions, Frazier then took the trailer to a rural area and abandoned it.
At the trial, Reid denied all the material statements of Harkins and Frazier.
Page 1090
On appeal Reid's major...
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