Helberg v. United States
| Decision Date | 27 September 1966 |
| Docket Number | No. 20143.,20143. |
| Citation | 365 F.2d 314 |
| Parties | Larry Wayne HELBERG and David Landworth, Appellants, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — Ninth Circuit |
James D. Burns, Seattle, Wash., for appellants.
William N. Goodwin, U. S. Atty., Michale J. Swofford, Asst. U. S. Atty., Seattle, Wash., for appellee.
Before JERTBERG and ELY, Circuit Judges, and FOLEY, Jr., District Judge.
Following trial to a jury, appellants were convicted on each count of a three count indictment, each count charging that appellants, with fraudulent intent, caused to be transported in interstate commerce from Seattle, Washington, to New York, New York, a forged security, to wit: an American Express Money Order, knowing said money order to be falsely made and forged, all in violation of 18 U.S.C. §§ 2314 and 2.
The money order described in Count I, is dated August 27, 1963, and is in the amount of $100.00. The money order in Count II is dated August 30, 1963, and is in the amount of $100.00. The money order in Count III is dated August 30, 1963 and is in the amount of $10.00.
Appellants make no attack on the sufficiency of the evidence to establish their guilt. An examination of the transcript of testimony discloses that the verdict of guilty returned against each defendant, on each count of the indictment, is abundantly supported. Appellants, testifying in their own behalf, denied any knowledge of, or participation in, the commission of any of the offenses charged. The members of the jury chose to reject the testimony of the defendants appellants and to place their credence in the testimony of the several witnesses for the government. The record reveals that on August 29, 1963, a burglary occurred at a Seattle pharmacy, and a number of American Express Money Orders were taken, the exact number taken does not appear in the record.
A day or two after the burglary, appellants attempted to cash American Express Money Orders at a club in Seattle, but were unsuccessful. Appellants then secured the services of two young ladies to cash the money orders for them. The young ladies testified that they cashed the three money orders set forth in the indictment at the request and direction of the appellants, and turned over to the appellants the cash which they received. Appellants testified that they were acquainted with these young ladies and lived with them at different motels during the period that the money orders were cashed, but denied any knowledge of the activities of these young ladies in connection with the cashing of the money orders.
Appellants contend that they were denied a fair trial because:
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