Bellard v. United States, 22113.

• Decision Date: 03 March 1966
• Docket Number: No. 22113.,22113.
• Citation: 356 F.2d 437
• Parties: Pearl Davis BELLARD, Appellant, v. UNITED STATES of America, Appellee.
• Court: U.S. Court of Appeals — Fifth Circuit

356 F.2d 437 (1966)

Pearl Davis BELLARD, Appellant, v. UNITED STATES of America, Appellee.

No. 22113.

United States Court of Appeals Fifth Circuit.

February 10, 1966.

Rehearing Denied March 3, 1966.

Sam Lee, Angleton, Tex., Thomas G. Sharpe, Jr., Hardy, Galindo & Sharpe, Brownsville, Tex., for appellant.

James R. Gough, Asst. U. S. Atty., Woodrow Seals, U. S. Atty., William A. Jackson, Fred L. Hartman, Asst. U. S. Attys., Houston, Tex., Robert M. Talcott, Atty., Dept. of Justice, Washington, D. C., for appellee.

Before JONES and BROWN, Circuit Judges, and DYER, District Judge.

WARREN L. JONES, Circuit Judge:

The appellant was convicted of conspiracy to deprive the United States of the services of David C. Stephens and Norman E. Scaff in violation of 18 U.S. C.A. § 371. Stephens was the Office Manager of the County Agricultural Stabilization and Conservation Committee of Brazorio County, Texas, and Scaff held a like position in Jackson County, Texas. These committees were responsible for the administration of the rice allotment program in the respective counties. The Government's contention was that the appellant Bellard was a participant with Stephens, Scaff, Laurence Gene Newman, and others in the fraudulent transfers of fictitious rice allotments. Scaff died; Newman was indicted, entered a plea of guilty and was placed on probation; and Stephens was indicted, tried and convicted and his conviction was affirmed. Stephens v. United States, 5th Cir. 1965, 347 F.2d 722, cert. den. 382 U.S. 932, 86 S.Ct. 324, 15 L.Ed.2d 343. A jury found Bellard guilty; he was sentenced and has appealed.

On his appeal, Bellard has urged that the indictment was insufficient to charge an offense, that the fact averments of the indictment do not show a violation of 18 U.S.C.A. § 371, and that the trial court erred in not giving a written charge as requested. These questions were raised and decided, adversely to appellant's contentions, in the Stephens case and the principles there announced are controlling on these issues. Other assignments of error, not disposed of in the Stephens opinion, are made by Bellard.

We are asked to hold that the evidence is insufficient to support the verdict. The appellant complains that there was no testimony that appellant sold or offered to sell any rice allotment, and that the Government has relied upon "guilt by association" to procure a conviction and seeks to invoke such theory to sustain the district court's judgment. There is ample evidence to show Bellard's close association with Stephens, a proven conspirator, and with Newman, an admitted conspirator. There is also sufficient evidence to demonstrate Bellard's participation with his associates in their criminal activities. There is proof that Bellard was present on a number of occasions when money was received for fictitious allotments. Some of these funds came into Bellard's hands from the persons who were buying the allotments and was turned over to Stephens by Bellard. Bellard received payments of substantial sums from Stephens which had been received in the fraudulent transactions. These, and other circumstances which we need not recite, fully warranted the inference which was drawn by the jury that Bellard knew what was going on and was a knowing participant in the wrongdoing. It would be difficult to see how a different inference could have been drawn. The evidence was enough, and more than enough, to support the verdict.

The appellant insists that there must be a reversal because the trial court did not give a charge on venue, even though no such charge was requested. There is no merit in the claim. Proof of venue...