Darby v. United States, No. 10326.

CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)
Writing for the CourtSIBLEY, HUTCHESON, and McCORD, Circuit
Citation132 F.2d 928
Docket NumberNo. 10326.
Decision Date15 January 1943
PartiesDARBY v. UNITED STATES.

132 F.2d 928 (1943)

DARBY
v.
UNITED STATES.

No. 10326.

Circuit Court of Appeals, Fifth Circuit.

January 15, 1943.


132 F.2d 929

Robert M. Hitch, Jr., and Shelby Myrick, both of Savannah, Ga., for appellant.

Geo. A. Downing, Regional Atty., U. S. Dept. of Labor, of Atlanta, Ga., and J. Saxton Daniel, U. S. Atty., and Julian Hartridge, Asst. U. S. Atty., both of Savannah, Ga., for appellee.

Before SIBLEY, HUTCHESON, and McCORD, Circuit Judges.

SIBLEY, Circuit Judge.

Fred W. Darby was indicted in nineteen counts for violations of the Fair Labor Standards Act, 29 U.S.C.A. § 201, et seq. The Supreme Court reversed a judgment sustaining a demurrer, and upheld the constitutionality of the Act. United States v. Darby, 312 U.S. 100, 61 S.Ct. 451, 85 L. Ed. 609, 132 A.L.R. 1430. On a trial Darby was acquitted on eight counts and convicted and sentenced on eleven. He appeals, specifying as error the overruling of his motion for a directed verdict of acquittal, the admission of oral evidence as to his work records, the refusal to rule out evidence of an arrangement with his employees made before the Act became effective, and the refusal to give two written requests to charge the jury.

The motion for directed verdict was general, referring to no particular counts, and went on the insufficiency of the evidence to prove that the violations of the Act were wilful, only wilful violations being punishable under Sect. 16(a). Darby testified that he intended to observe the Act, and if he had not it was due to mistake as to what the law required and in figuring wages by his clerical employees. But there were circumstances which tended to show otherwise, and especially that he made a plan to circumvent the Act before it went into effect, and suggested a similar plan to an employer of labor who logged his sawmill. Darby's real purposes fairly made a question for the jury, and the question was properly submitted to them.

The witnesses for the prosecution had inspected Darby's work records, required to be kept and made subject to inspection by Section 11(c) of the Act and a regulation of the Administrator published in the Federal Register of Oct. 22, 1938; and had made transcripts of the parts relating to certain employees mentioned in several of the counts. The original records were in defendant's hands at the time of the trial, and it seems to have been assumed that he could not be made to produce them. No objection was made to the introduction of the transcripts, they being treated as the best evidence available, but when the witnesses testified more generally as to what the records showed and did not show, it was objected that transcripts of all should have been made, and that oral evidence was inadmissible. We do not enquire whether...

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8 practice notes
  • Trans World Airlines, Inc v. Thurston Air Line Pilots Association, International v. Thurston, Nos. 83-997
    • United States
    • United States Supreme Court
    • January 8, 1985
    ...United States, 190 F.2d 478, 479 (CA10), cert. denied, 342 U.S. 876, 72 S.Ct. 167, 96 L.Ed. 659 (1951); see also Darby v. United States, 132 F.2d 928 (CA5 1943).19 This standard is substantially in accord with the interpretation of "willful" adopted by the Court of Appeals in inte......
  • Slenkamp v. Borough of Brentwood, Civ. A. No. 84-65.
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
    • March 11, 1985
    ...v. United States, 190 F.2d 478, 479 (10th Cir.), cert. denied, 342 U.S. 876, 72 S.Ct. 167, 96 L.Ed. 658 (1951); Darby v. United States, 132 F.2d 928 (5th None of the Courts of Appeals, however, suggested that the two provisions of the ADEA were subject to different definitions of "will......
  • Zap v. United States, No. 489
    • United States
    • United States Supreme Court
    • June 10, 1946
    ...without producing the originals. Lisansky v. United States, 4 Cir., 31 F.2d 846, 850, 851, 67 A.L.R. 67. Darby v. United States, 5 Cir., 132 F.2d 928, 929. The agreement to allow an inspection carried consequences at least so great. The question therefore is a narrow one. It is whether the ......
  • Nabob Oil Co. v. United States, No. 4225
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • July 10, 1951
    ...Kempe v. United States, 8 Cir., 151 F.2d 680, 688; Zimberg v. United States, 1 Cir., 142 F.2d 132, 137; Darby v. United States, 5 Cir., 132 F.2d 928, 930; Townsend v. United States, 68 App.D.C. 223, 95 F.2d 352, 361; American Surety Co. of New York v. Sullivan, 2 Cir., 7 F.2d 3 The Court in......
  • Request a trial to view additional results
8 cases
  • Trans World Airlines, Inc v. Thurston Air Line Pilots Association, International v. Thurston, Nos. 83-997
    • United States
    • United States Supreme Court
    • January 8, 1985
    ...United States, 190 F.2d 478, 479 (CA10), cert. denied, 342 U.S. 876, 72 S.Ct. 167, 96 L.Ed. 659 (1951); see also Darby v. United States, 132 F.2d 928 (CA5 1943).19 This standard is substantially in accord with the interpretation of "willful" adopted by the Court of Appeals in inte......
  • Slenkamp v. Borough of Brentwood, Civ. A. No. 84-65.
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
    • March 11, 1985
    ...v. United States, 190 F.2d 478, 479 (10th Cir.), cert. denied, 342 U.S. 876, 72 S.Ct. 167, 96 L.Ed. 658 (1951); Darby v. United States, 132 F.2d 928 (5th None of the Courts of Appeals, however, suggested that the two provisions of the ADEA were subject to different definitions of "will......
  • Zap v. United States, No. 489
    • United States
    • United States Supreme Court
    • June 10, 1946
    ...without producing the originals. Lisansky v. United States, 4 Cir., 31 F.2d 846, 850, 851, 67 A.L.R. 67. Darby v. United States, 5 Cir., 132 F.2d 928, 929. The agreement to allow an inspection carried consequences at least so great. The question therefore is a narrow one. It is whether the ......
  • Nabob Oil Co. v. United States, No. 4225
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • July 10, 1951
    ...Kempe v. United States, 8 Cir., 151 F.2d 680, 688; Zimberg v. United States, 1 Cir., 142 F.2d 132, 137; Darby v. United States, 5 Cir., 132 F.2d 928, 930; Townsend v. United States, 68 App.D.C. 223, 95 F.2d 352, 361; American Surety Co. of New York v. Sullivan, 2 Cir., 7 F.2d 3 The Court in......
  • Request a trial to view additional results

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