Grandsinger v. United States
| Decision Date | 22 May 1964 |
| Docket Number | No. 7596.,7596. |
| Citation | 332 F.2d 80 |
| Parties | Loyd Carroll GRANDSINGER, Appellant, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — Tenth Circuit |
William J. Cayias, Salt Lake City, Utah, for appellant.
David K. Winder, Asst. U. S. Atty., Salt Lake City, Utah (William T. Thurman, U. S. Atty., Salt Lake City, Utah, was with him on the brief), for appellee.
Before BREITENSTEIN, HILL and SETH, Circuit Judges.
The appellant was indicted for transporting in interstate commerce a motor vehicle knowing the same had been stolen, in violation of § 2312, Title 18 U.S.C. He was tried by a jury, convicted, and has taken this appeal asserting several errors by the trial court.
The appellant first urges that the trial court was in error in refusing on the voir dire examination of prospective jurors to explain to them the terms, "reasonable doubt" and "presumption of innocence," and also in refusing to ask the jurors whether or not they would give the accused the benefit of such rules. The court did question the jurors on the several points as requested by the attorney for the appellant, but refused to make the explanations above referred to. The court advised the jury panel that the indictment was no more than a charge, and that the Government had the burden of proving to the satisfaction of the jury beyond all reasonable doubt the truth of the allegations contained in the charge. The court told the prospective jurors of the presumption of innocence which attended the appellant throughout the trial, and at the conclusion of the case the court instructed the jury in detail as to reasonable doubt, gave them the definition thereof, and otherwise properly instructed the jury. It was within the discretion of the trial court to refuse to ask the questions or to undertake the explanation that was here requested by the appellant. It is apparent that under certain circumstances the refusal of a trial judge to ask certain questions may be error. This court discussed the discretion of the trial court in the examination of prospective jurors in Speak v. United States, 161 F.2d 562 (10th Cir.). We find under the facts of this case that there was no abuse of this discretion, and in the absence of such showing the action of the trial judge will not be disturbed.
The appellant complains also that it was error for the trial court to ask a witness to identify the defendant during the course of the trial. The court asked a witness whether or not the appellant was the same individual who had been hired by the witness in California. We see nothing improper in the action of the court in this regard. It should also be noted that the purpose of this witness's testimony was to establish the fact that the appellant was in California on a certain date. Shortly after this witness testified, the appellant stipulated that he was...
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