Anstess v. United States
| Decision Date | 23 November 1927 |
| Docket Number | No. 3930.,3930. |
| Citation | 22 F.2d 594 |
| Parties | ANSTESS v. UNITED STATES. |
| Court | U.S. Court of Appeals — Seventh Circuit |
Floyd J. Mattice, of Indianapolis, Ind., for plaintiff in error.
Albert Ward, of Indianapolis, Ind., for the United States.
Before EVANS, PAGE, and ANDERSON, Circuit Judges.
Plaintiff in error was found guilty upon an indictment charging him and one Raymond Johnston and other persons whose names were unknown with conspiring to unlawfully transport and sell intoxicating liquor. Johnston was acquitted.
It is insisted that there is no evidence to support the verdict of guilty against plaintiff in error, and this is the only question presented. It is conceded that he is guilty of transporting liquor, but it is contended that the evidence does not establish that he conspired with any other person to transport it.
To sustain the verdict, it is not necessary that the evidence show a conspiracy to both transport and sell. It is sufficient if it shows a conspiracy to either transport or sell. And, further, if the evidence warrants a finding that plaintiff in error conspired with a person not named as a defendant, it is sufficient.
The evidence shows that the intoxicating liquor hereinafter mentioned was transported from Detroit to Indianapolis, but was seized in the hands of the carrier before delivery to consignee. Plaintiff in error introduced no evidence in his defense, but there was introduced in evidence against him by the government the following written statement:
"State of Indiana, County of Marion — ss.
Wallace Anstess, R. R., Indianapolis, Indiana, Box 441, being first duly sworn upon his oath, deposes and says: That on or about February 1, 1927, he arranged with one Abe Muskovitch, of Detroit, Michigan, to purchase a quantity of whisky. Abe Muskovitch stays in a saloon on Grand River avenue, between Fourth and Fifth street, Detroit, Michigan. That he purchased from Abe Muskovitch one hundred cases of Old Log Cabin and Scotch whisky, paying him seventy dollars ($70.00) per case for the whisky; also purchasing three hundred fifty (350) gallons of grain alcohol, paying eight dollars ($8.00) per gallon; that he paid seven thousand dollars ($7,000) in cash and three thousand dollars ($3,000) in check. That he arranged with a man named Charlie and one named Gene, who operate the Champion Auto Top Shop, 916 Scioto street, Indianapolis, Indiana, to store this whisky and that he was to pay them half of the rent on the building in which this shop is located. That on February 5, 1927, he delivered a bill of lading to Raymond Johnston, manager of the Merchants' Trucking Company, 22 W. Henry street, Indianapolis, Indiana, for shipment of four barrels marked `household goods,' four boxes marked `books,' one piano boxed, and three boxes of household goods; that these boxes and shipment contained the whisky purchased from Abe Muskovitch, as above stated.
From this it appears that plaintiff in error "arranged" with one Abe Muskovitch, of Detroit, to purchase a quantity of whisky, and that he did purchase from Muskovitch the large amount in the instrument recited, paying therefor $10,000. The question is whether or not Muskovitch actively...
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...1114; 2 Page on Contracts (2 Ed.) sec. 1108; Weinstein v. United States, 293 F. 388; Pattis v. United States, 17 F.2d 562; Anstess v. United States, 22 F.2d 594; Massei v. United States, 295 F. 683; Reynolds United States, 282 F. 256. We have examined those citations and many other cases an......
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United States v. Leggett, 14255.
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