Coyne v. United States

• Decision Date: 28 November 1917
• Docket Number: 3054.
• Citation: 246 F. 120
• Parties: COYNE v. UNITED STATES.
• Court: U.S. Court of Appeals — Fifth Circuit

246 F. 120

COYNE v. UNITED STATES.

No. 3054.

United States Court of Appeals, Fifth Circuit.

November 28, 1917

Harry C. Miller, of El Paso, Tex., for plaintiff in error.

R. E Crawford, Asst. U.S. Atty., of El Paso, Tex.

Before WALKER and BATTS, Circuit Judges, and FOSTER, District Judge.

WALKER Circuit Judge.

The plaintiff in error was convicted of a violation of Act Cong. June 25, 1910, c. 395, 36 Stat. 825 (Comp. St. 1916, Secs 8812-8819), commonly known as the White Slave Traffic Act. He testified as a witness in his own behalf. On his cross-examination he was required, over objection duly interposed by his counsel, to answer the question: 'You are under indictment up there in the federal court in Seattle for blackmail? ' His answer to the question was: 'I don't know. I deny that I am under indictment in Seattle. I have no knowledge of any other indictment, only right here in El Paso. ' After the defendant rested, the prosecution offered in evidence an indictment which, as was agreed by a stipulation of the counsel for the respective parties, which was made a part of the bill of exceptions, was in effect as stated by the court in the following statement made in overruling the defendant's objection to the introduction of the indictment, on the grounds, among others, that the evidence of the indictment was irrelevant and immaterial:

'This bill of indictment is certified to by the clerk of the United States District Court for the Western District of the State of Washington, and contains 33 pages of allegations. It contains what is commonly known as a number of counts, there being in this bill of indictment eight counts, and these counts charge this defendant, Lee F. Coyne, and John W Roberts, with conspiracy to extract money from a man by the name of Yarbrough by accusing him of violating the White Slave Traffic Act. The bill of indictment alleges that by means of inducement they induced Yarbrough to surrender certain money to them, I believe the allegation is as much as $2,000. It also contains a count in which it alleges that in furtherance of a conspiracy Lee F. Coyne and John W. Roberts represented themselves to be agents and officers of the United States government charged with the execution and enforcement of the White Slave Traffic Act. Now, that indictment has been objected to by the defendant; the court has overruled the objection of the defendant and permitted the indictment to go in evidence. I desire to state to the jury here now the only purpose for which the indictment is admitted, and the only purpose for which you can consider it, is to enable you to pass upon the credibility of the defendant, Lee F....