Goodwin v. United States

• Decision Date: 20 May 1965
• Docket Number: No. 19000-19003.,19000-19003.
• Citation: 347 F.2d 793,121 US App. DC 9
• Parties: Paul A. GOODWIN, Appellant, v. UNITED STATES of America, Appellee. Willie M. VAUGHN, Appellant, v. UNITED STATES of America, Appellee. Arthur L. WILLIAMS, Appellant, v. UNITED STATES of America, Appellee. Paul E. VAUGHN, Appellant, v. UNITED STATES of America, Appellee.
• Court: U.S. Court of Appeals — District of Columbia Circuit

121 US App. DC 9, 347 F.2d 793 (1965)

Paul A. GOODWIN, Appellant, v. UNITED STATES of America, Appellee.

Willie M. VAUGHN, Appellant, v. UNITED STATES of America, Appellee.

Arthur L. WILLIAMS, Appellant, v. UNITED STATES of America, Appellee.

Paul E. VAUGHN, Appellant, v. UNITED STATES of America, Appellee.

Nos. 19000-19003.

United States Court of Appeals District of Columbia Circuit.

Argued April 6, 1965.

Decided May 20, 1965.

Petition for Rehearing Denied June 29, 1965.

Certiorari Denied October 11, 1965.

Mr. Melvin M. Burton, Jr., Washington, D. C. (appointed by the District Court), for all appellants.

Mr. John R. Kramer, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., and Frank Q. Nebeker and Joseph A. Lowther, Asst. U. S. Attys., were on the brief, for appellee. Mr. Jerome Nelson, Asst. U. S. Atty., also entered an appearance for appellee.

Before BAZELON, Chief Judge, and EDGERTON and WILBUR K. MILLER, Senior Circuit Judges.

Certiorari Denied October 11, 1965. See 86 S.Ct. 107.

PER CURIAM:

Shortly before 8:00 p.m. March 26, 1964, three men entered the grocery in northeast Washington operated by Hyman Cohen. One held Cohen at gun-point while the other two took from the cash register about $300 which they stuffed into a "Sealtest" bag, already containing rolls of pennies, which they found under the counter. They also took a check for $10.00 and a carton of Camel cigarettes and then departed, threatening to return and kill Cohen if he called the police. The robbers were in the store about fifteen minutes.

At approximately 8:00 p.m., about a block and a half from Cohen's store, an off-duty policeman noticed an automobile, occupied by four men, traveling at a high rate of speed away from the vicinity of the robbery. The car bore District of Columbia license tags No. RT-324.

An hour later, in another section of the city, a policeman in a scout car saw an automobile occupied by four men being operated at excessive speed. The car bore District of Columbia license tags No. RT-324. He followed and halted the car, then asked the driver for his permit and registration. The driver said he had no permit and asked one of the men in the rear seat for the registration card. In reaching into his pocket, the latter disturbed a raincoat which was on the rear seat beside him so that a pistol beneath it was revealed. Upon seeing the weapon, the officer ordered the occupants out of the car and arrested them. A search of the car was immediately made, in the course of which the officer found a "Sealtest" bag containing currency and coins, a carton of Camel cigarettes, twenty rolls of pennies and a $10.00 check. The occupants of the car were the four appellants.

Indicted in three counts for (1) housebreaking, (2) robbery, and (3) carrying a dangerous weapon, the appellants were tried and found guilty under the first two counts. The third count was dismissed as to all except Goodwin, who had pointed the pistol at Cohen; he was found guilty on that count also.

Police officers testified that at line-ups Cohen pointed out his assailants and in his testimony at the trial Cohen unequivocally identified the appellants...