Early v. United States

Citation394 F.2d 117
Decision Date17 May 1968
Docket NumberNo. 9825.,9825.
PartiesLeroy L. EARLY, Appellant, v. UNITED STATES of America, Appellee.
CourtUnited States Courts of Appeals. United States Court of Appeals (10th Circuit)

Louis Parkinson, Englewood, Colo., for appellant.

Benjamin E. Franklin, Asst. U. S. Atty. (Newell A. George, U. S. Atty., on the brief), for appellee.

Before MARVIN JONES*, Judge, Court of Claims, and LEWIS and BREITENSTEIN, Circuit Judges.

DAVID T. LEWIS, Circuit Judge.

Appellant was found guilty by a jury of the unlawful transportation of a stolen motor vehicle in violation of 18 U.S.C. § 2312 and was appropriately sentenced. He appeals from the judgment and sentence contending, among other things, that the evidence was insufficient to sustain the conviction.

The subject automobile was a 1965 Buick Wildcat, 4-door hard top. The United States proved by competent evidence that this vehicle was stolen in Kansas City, Missouri, on the evening of November 23, 1966, and was found two days later in the State of Kansas some two and one-half miles east of Baldwin. To sustain its burden of proving that appellant was in possession of a vehicle recently stolen in another state the government relied entirely upon the circumstances attending the discovery of the vehicle in Kansas. A witness, Meyer, testified that he was driving on the Kansas highway near Baldwin at about 9:30 p. m. on November 25 when he noticed two burning automobile taillights off the shoulder of the highway, in a ditch, and "dust hanging in the air." The witness turned around on the highway and drove back to the scene to investigate. He there found the subject car completely overturned with appellant pinned underneath and "at the point of unconsciousness." With the aid of a spotlight Meyer searched the area within a radius of fifty or seventy-five feet for other possible victims and found none. With the assistance of another passerby, Meyer lifted the Buick and freed appellant who smelled strongly of alcohol. Other witnesses testified that appellant, when taken to the hospital, had on but one shoe and that the other shoe was subsequently found on the floorboard under the driver's seat of the Buick.1

We consider this evidence to have sufficient probative strength to justify submission to the fact finder under the test of guilt beyond a reasonable doubt. The discovery of the car so recently wrecked that the physical commotion of dust was still present, the immediate search for and negativing of the presence of any other person in the area, and the plight of appellant and the discovery of his shoe in the car and on the driver's side, all lead to the reasonable conclusion that appellant was alone and driving the car when the accident occurred. If so, he was in possession and control of the automobile and the government has met the burden of establishing the premise for the...

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7 cases
  • U.S. v. Hooks
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • January 2, 1986
    ...401 U.S. 979, 91 S.Ct. 1211, 28 L.Ed.2d 330 (1971); Barton v. United States, 407 F.2d 1155, 1158 (10th Cir.1969); Early v. United States, 394 F.2d 117, 118 (10th Cir.), cert. denied, 393 U.S. 1003, 89 S.Ct. 492, 21 L.Ed.2d 467 Notwithstanding our rejection in Corbin of the "reasonable hypot......
  • Thomas v. United States, 12-69.
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • April 16, 1969
    ...United States, 375 F.2d 635, 638 (10th Cir. 1967). 2 Barton v. United States, 407 F.2d 1155, 1158 (10th Cir. 1969); Early v. United States, 394 F.2d 117, 118 (10th Cir. 1968); Golubin v. United States, 393 F.2d 590, 592 (10th Cir. 1968); Wall v. United States, 384 F.2d 758, 762 (10th Cir. 1......
  • Bailey v. United States, 9795-9798
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • June 11, 1969
    ...must, however, have sufficient probative value of guilt beyond a reasonable doubt to justify submission to a jury. Early v. United States, 10 Cir., 394 F.2d 117, cert. denied, 393 U.S. 1003, 89 S.Ct. 492, 21 L.Ed. 2d 467. If the cumulative effect of the evidence was adequate to support an i......
  • U.S. v. Chavez
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • November 16, 1989
    ... ... UNITED STATES of America, Plaintiff-Appellee, ... Frank Juan CHAVEZ, Defendant-Appellant ... No. 88-1439 ... ...
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