Hayes v. United States
Decision Date | 21 November 1961 |
Docket Number | No. 16733.,16733. |
Citation | 296 F.2d 657 |
Court | U.S. Court of Appeals — Eighth Circuit |
Parties | Hiller Arthur HAYES, Appellant, v. UNITED STATES of America, Appellee. |
Stanely M. Rosenblum, St. Louis Mo., for appellant.
John A. Newton, Asst. U. S. Atty., St. Louis, Mo., for appellee, D. Jeff Lance, U. S. Atty., and John A. Newton, Asst. U. S. Atty., St. Louis, Mo., on the brief.
Before SANBORN, MATTHES and RIDGE, Circuit Judges.
This is an appeal in forma pauperis from a judgment of conviction and a sentence of imprisonment for a period of 99 years, based upon the verdict of a jury finding Hiller Arthur Hayes guilty of three violations of the Federal Kidnaping Act, 18 U.S.C. § 1201,1 as charged in a three-count indictment in which Hayes and Vivian Darlene McCracken were defendants.
The indictment was returned on June 20, 1960. The first count read as follows:
The second and third counts were in identical language, except as to the names of the persons charged to have been kidnaped and unlawfully transported. Marie Schnelting was the victim named in the second count, and Robert Portell the victim designated in the third count.
The defendants first came before the District Court on June 27, 1960. The defendant McCracken was represented by counsel. The following colloquy took place between the court and Hayes:
The defendants were arraigned on July 8, 1960. Counsel who had previously appeared for the defendant McCracken also then appeared for Hayes. A plea of not guilty was entered by each defendant as to each count of the indictment. In a discussion with respect to the amount of bail which had been set, counsel for the Government stated to the court, in the presence of the defendants, that the case was not a "death penalty case," since the victims had been released unharmed. The case was set by the court for trial on September 26, 1960.
On September 12, 1960, Mr. Robyn, counsel for the Government, Mr. Bornschein, one of the attorneys for McCracken, and Hayes in person appeared before the trial judge in his chambers. There the following proceedings took place:
Charles M. Shaw, Claude Hanks and L. L. Bornschein, who had previously entered their appearance as counsel for Vivian McCracken, and had appeared for both defendants upon their arraignment, were, by leave of court, permitted to withdraw as counsel for Hayes.
The trial court on September 21, 1960, ordered the Clerk to furnish Hayes, Vivian McCracken, her counsel and Mr. Pettus a list of the entire panel of veniremen and their respective places of abode; this in conformity with 18 U.S.C. § 3432, and, no doubt, in deference to the ruling of the Supreme Court in Smith v. United States, 360 U.S. 1, 8, 79 S.Ct. 991, 996, 3 L.Ed.2d 1041, holding that a violation of the Federal Kidnaping Act "may be punished by death."
The trial of the case commenced on September 26, 1960. Before the selection of a jury, the following proceedings took place in open court, out of the hearing of the jury panel:
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