Martin v. Government of Canal Zone
| Decision Date | 19 February 1936 |
| Docket Number | No. 7734.,7734. |
| Citation | 81 F.2d 913 |
| Parties | MARTIN et al. v. GOVERNMENT OF CANAL ZONE. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Richard G. Levy, of Ancon, Canal Zone, for appellants.
J. J. McGuigan, U. S. Atty., of Ancon, Canal Zone, and Rene A. Viosca, U. S. Atty., and Robert Weinstein, Asst. U. S. Atty., both of New Orleans, La., for appellee.
Before SIBLEY, HUTCHESON, and WALKER, Circuit Judges.
The two appellants were convicted under an information charging them and one LeRoy with unlawfully and feloniously taking and carrying away $500 in United States currency and 100 German marks, of the alleged value of $40 in United States currency, the personal property of one Willy Vom Norden. Upon the demand of said LeRoy, the court ordered that he be tried separately. In the trial the prosecution introduced evidence to the effect that Willy Vom Norden, when leaving the steamship Santa Elena, on which he came to Balboa, Canal Zone, met appellants, who, aided by LeRoy, by tricks and devices, not necessary here to be described, induced him to return to the Santa Elena and get from the purser of that vessel $500 in United States currency and 100 German marks which he had deposited with the purser, whereupon appellants, by artifice and fraud, got possession of that money and absconded. Testimony of the appellants was to the effect that before Vom Norden returned to the Santa Elena they and Vom Norden engaged in betting for money by matching coins, that Vom Norden got his money from the purser on the Santa Elena for the purpose of continuing the betting, and lost it on a bet he made with appellant Martin. Upon the conclusion of the evidence the appellants requested the court to give the following written instruction:
"You are instructed that, if from the evidence you find, that at the time and place mentioned in the information there was a game of matching coins or betting going on between the defendants Thomas P. Walters, James E. Martin and the complaining witness, Willy Vom Norden and that the said Willy Vom Norden was present and took part in said matching coins or betting, and that the said Willy Vom Norden returned to the Steamer Santa Elena and obtained the sum of $540.00, as alleged in the information, for the purpose of carrying on said matching of coins or betting and that he lost said amount in said transaction, then your verdict must be for the defendants."
The court refused to give that instruction. The appellants...
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Benson v. State
...defendant had a right to his main defense in the case affirmatively presented to the jury. * * * " The case of Martin v. Government of Canal Zone, 5th Cir., 81 F.2d 913 (1936) involved the request for jury on the explanation of recently stolen property. The court said: "The court gave sever......