United States v. Scott

Decision Date24 January 1972
Docket NumberNo. 71-2179.,71-2179.
Citation452 F.2d 660
PartiesUNITED STATES of America, Plaintiff-Appellee, v. Dwaine C. SCOTT, Defendant-Appellant.
CourtU.S. Court of Appeals — Ninth Circuit

Robert Wertsching (argued), Phoenix, Ariz., for appellant.

Fred C. Mather, Asst. U. S. Atty. (argued), Richard K. Burke, U. S. Atty., Phoenix, Ariz., for appellee.

Before MERRILL, KILKENNY and TRASK, Circuit Judges.

PER CURIAM:

Dwaine C. Scott was indicted on one count of entering a Federal Savings and Loan Association at Phoenix, Arizona on May 25, 1970, with the intent to commit a felony therein, in violation of 18 U.S. C. § 2113(a), and one count of taking and carrying away with intent to steal, certain money and property of a Federal Savings and Loan Association in violation of 18 U.S.C. § 2113(b). Later a grand jury returned a two count superceding indictment charging him with having committed the above offenses. He was tried to a jury and a verdict returned finding him guilty on both counts. His appeal to this court challenges error in the admission of evidence and the insufficiency of the evidence. We affirm.

A representative of the Association identified one of its own blank checks and a packet of travelers checks as having been taken during a nighttime burglary of the institution. An F. B.I. fingerprint expert identified latent fingerprints on these two exhibits as coinciding with known prints of the defendant. They had been sent to him in Washington, D. C. from St. Louis, Missouri for examination approximately one month after the theft. It is the admissibility of this evidence to which the defendant objects. Unless we could find that the court's ruling was a clear abuse of discretion we would not disturb it. United States v. Craft, 407 F.2d 1065 (6th Cir. 1969); Glavin v. United States, 396 F.2d 725 (9th Cir. 1968); Maxwell v. United States, 368 F.2d 735 (9th Cir. 1966). We do not find such an abuse of discretion.

In addition, there was found at the scene of the burglary a flashlight one of whose two batteries contained latent fingerprints of the defendant.

It is the defendant's contention that on the basis of this evidence his motion for acquittal should have been granted. He relies upon Borum v. United States, 127 U.S.App.D.C. 48, 380 F.2d 595 (1967). We find that case distinguishable. In that case the court pointed out that the fingerprints identified upon objects at the scene were not proved to have been placed there at the time of the commission of the crime. Here, the flashlight was identified as having been left at the Association office during the crime. The identification of the defendant's fingerprints upon one battery inside the flashlight might well have been insufficient circumstantial evidence to survive a motion for acquittal. But when that evidence is combined with positive fingerprint evidence upon the Association's stolen check and its stolen travelers...

To continue reading

Request your trial
12 cases
  • U.S. v. Scott
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • February 26, 1986
    ...consistent with innocence, for the presence of the defendant's fingerprint inside a burglarized house. See also United States v. Scott, 452 F.2d 660, 662 (9th Cir.1972) (fingerprints on two items stolen from a bank and on a flashlight battery left in the bank was sufficient to identify the ......
  • U.S. v. Rojas
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • May 26, 1977
    ...could not rationally find defendant guilty beyond a reasonable doubt on the basis of the evidence presented. See United States v. Scott, 452 F.2d 660, 662 (9th Cir. 1972).12 The test to be applied by the trial judge to a Rule 29(c) motion and by a reviewing court to his ruling thereon are s......
  • United States v. Figueroa-Paz, 72-1872.
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • October 20, 1972
    ...1241. If there appears some doubt, so that the court believes the jury might disagree, the motion must be denied. United States v. Scott (9 Cir. 1971) 452 F.2d 660 (per curiam). Assuming we were required to review only the evidence as it stood at the close of the Government's case, which we......
  • U.S. v. Talbert
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • July 12, 1983
    ...probative, may by itself support a conviction. See United States v. Crenshaw, 698 F.2d 1060, 1064 (9th Cir.1983); United States v. Scott, 452 F.2d 660, 662 (9th Cir.1971). Appellant argues, however, that the fingerprint evidence is not sufficient in this case because the government did not ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT