Crono v. United States

• Decision Date: 31 May 1932
• Docket Number: No. 6702.,6702.
• Citation: 59 F.2d 339
• Parties: CRONO v. UNITED STATES.
• Court: U.S. Court of Appeals — Ninth Circuit

59 F.2d 339 (1932)

CRONO v. UNITED STATES.

No. 6702.

Circuit Court of Appeals, Ninth Circuit.

May 31, 1932.

Jack Crono, of Steilacoom, Wash., in pro. per.

Samuel W. McNabb, U. S. Atty., and Harry Graham Balter, Asst. U. S. Atty., both of Los Angeles, Cal.

Before WILBUR and SAWTELLE, Circuit Judges.

SAWTELLE, Circuit Judge.

Appellant, Jack Crono, hereinafter referred to as defendant, and five others were jointly indicted in the United States District Court for the Southern District of California, Central Division, upon three counts. The third count was dismissed at the trial. The first count of the indictment charged a conspiracy to violate the National Prohibition Act by manufacturing intoxicating liquor; the second count charged the unlawful manufacture of intoxicating liquor in violation of section 3, title 2 of the National Prohibition Act of October 28, 1919 (27 USCA § 12), as amended March 2, 1929, c. 473 (45 Stat. 1446). Defendant and Mary Calli, one of the other defendants, were tried before a jury and found guilty as charged in counts 1 and 2. The other defendants did not appear for trial.

Defendant has brought this appeal in propria persona. He has, however, furnished us with a voluminous brief, evidently prepared by a lawyer or by one who is thoroughly familiar with criminal procedure and practice, in which are presented and argued the rulings of the trial court and the assignments of error upon which defendant relies for reversal.

At the conclusion of the government's case, defendant moved for a directed verdict on the ground that the evidence failed to prove the existence of the conspiracy charged and was insufficient to prove the charge of illegal manufacture of intoxicating liquor. The motion was overruled and exception reserved, and the ruling is now properly presented to this court for review.

Briefly, the evidence on behalf of the prosecution showed that on several occasions during April and May, 1930, a prohibition agent observed a certain Chevrolet truck receive and take away sacks of sugar, stamped "corn," from the loading platform of the Italian Wholesale Grocery Company in Los Angeles; that this agent followed the truck to the Vaughn Ranch, near San Bernardino; that the driver of the truck was one Matranga, indicted with defendant; that on these occasions the truck was accompanied on its journeys by a certain Maxwell automobile containing the defendants Mary Calli and Pete Calli, her husband; that on the night of May 7, 1930, agents went to the ranch in question, noticed an odor of mash as they approached, and found a complete still and apparatus and a quantity of intoxicating liquor in a building on the ranch. They arrested one Morgano who was found with the still. They then entered the ranch dwelling and found therein Matranga, the driver of the truck, Mary Calli, and Pete Calli, and arrested them. The Chevrolet truck and Maxwell car were also found on the premises.

About 3 a. m., a few hours after the arrest of the other defendants, this defendant, driving a Buick sedan automobile, turned off the highway and drove to the dwelling with the lights of his car out, got out of the automobile, and walked into the barn. He was arrested by one of the officers within possibly three feet of the still, which still was in operation when the officers arrived at the dwelling. One of the officers testified that the defendant looked surprised and, addressing the officer, said, "We can fix this up all right." The officer replied, "I don't think so." Defendant then said, "Oh, yes we can."

The arresting officer searched the defendant and found on his person a bill, hereinafter referred to, from the Italian Wholesale Grocery Company. While defendant was there under arrest he asked another of the officers who was "in charge of the party," and on being informed said: "Well, I just wanted to know. We ought to fix this up."

Defendant was positively identified by witnesses as a person who, on March 6, signed an application for telephone service and on March 22 signed an application for power for the premises in question. On both occasions he did not sign his own name, but the name "John Murphey."

There was also other circumstantial evidence tending to establish defendant's guilt. No testimony was offered on behalf of defendant.

We think the trial court committed no error in overruling defendant's motion for a directed verdict and in allowing the jury to weigh these alleged facts against the presumption of innocence which shielded defendant from the charge made. The duty of this court is "but to declare whether the jury had the right to pass on what evidence there was." Felder v. United States (C. C. A. 2) 9 F.(2d) 872, 875, certiorari denied 270 U. S. 648, 46 S. Ct. 348, 70 L. Ed. 779. There being substantial evidence in support of both charges, the court would have erred if it had peremptorily directed an acquittal upon either of the counts. Pierce v. United States, 252 U. S....