United States v. Yates

• Decision Date: 20 December 1972
• Docket Number: No. 72-1599.,72-1599.
• Citation: 470 F.2d 968
• Parties: UNITED STATES of America, Plaintiff-Appellee, v. Willie Benny YATES, Defendant-Appellant.
• Court: U.S. Court of Appeals — Tenth Circuit

470 F.2d 968 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Willie Benny YATES, Defendant-Appellant.

No. 72-1599.

United States Court of Appeals, Tenth Circuit.

December 20, 1972.

Thomas E. Joyce, Kansas City, Kan., for defendant-appellant.

Edward H. Funston, Asst. U. S. Atty. (Robert J. Roth, U. S. Atty., Thomas A. Hamill, Asst. U. S. Atty., Topeka, Kan., on the brief), for plaintiff-appellee.

Before HILL, SETH and HOLLOWAY, Circuit Judges.

HILL, Circuit Judge.

Defendant appeals from a jury conviction in the District of Kansas for theft of goods valued in excess of $100 from an interstate shipment, in violation of 18 U.S.C. § 659. On December 20, 1971, agents for the Rock Island Motor Transit Company apprehended two men carrying away three cardboard boxes of goods from the company's docks in Kansas City, Kansas. Both men were arrested by the agents.

The defendant's evidence consisted of two witnesses, defendant Yates and his cohort in the alleged crime, Albert Wade. Yates testified that he and Wade were hired by a man named Martin to pick up the cartons while Martin paid for them at the office. Yates asserts he had no idea Martin was not authorized to take the cartons. Martin did not testify in the trial. Wade's testimony was similar to and supportive of that given by Yates; however, it was brought out by the prosecution that Wade earlier had pleaded guilty to the same crime.

The government's case included testimony by one of the agents who apprehended Yates and by Alan Rotton, a special FBI agent. Rotton stated that among other things, Yates told him the story about Martin was false; but upon realizing that Rotton could not get him out of jail, Yates refused to cooperate further. Several Rock Island employees were allowed to testify that business records indicated shipments for December 20 were short three cartons of merchandise, two consisting of General Electric stereophonic portable players, and one containing a broiler-cooker and roaster. Employees from the two companies receiving the shipments from Rock Island Motor Transit verified the loss. Rock Island tally copies and delivery receipts were introduced as exhibits showing the Rock Island shipments to be short three cartons. A picture of the three cartons was also admitted into evidence over defendant's objection that such photograph was not the best evidence.

Defendant on appeal argues two principal issues. First, there is not the requisite sufficiency of evidence to support a verdict. Second, failure to introduce the contents of the shipping cartons in evidence negates proof of the body of the crime. We believe both contentions are without merit.

The amount of evidence necessary to support a verdict is well settled in our circuit. Evidence, both direct and circumstantial, together with the reasonable inferences drawn therefrom, is sufficient if, when taken in the light most favorable to the government, the fact finder may find the defendant guilty beyond a reasonable doubt. It is not necessary that evidence preclude every hypothesis except guilt even though the conviction may rest primarily on circumstantial evidence. United States v. Merrick, 464 F.2d 1087 (10th Cir. 1972); United States v. Ortiz, 445 F.2d 1100 (10th Cir. 1971), cert. denied, 404 U.S. 993, 92 S.Ct. 541, 30 L.Ed.2d 545; United States v. Turner, 421 F.2d 252 (10th Cir. 1970).

In the instant case, defendant was apprehended on the premises of the Rock Island company with the stolen merchandise in his possession. Employees of Rock Island Transit testified they were short three cartons, and this was confirmed by the companies receiving the shipments. Business...