McCool v. United States
| Decision Date | 11 March 1920 |
| Docket Number | 3333. |
| Citation | 263 F. 55 |
| Parties | McCOOL et al. v. UNITED STATES. |
| Court | U.S. Court of Appeals — Sixth Circuit |
A. B Galloway, of Memphis, Tenn., for plaintiffs in error.
Thos J. Walsh, Asst U.S. Atty., of Humboldt, Tenn.
Before KNAPPEN, DENISON, and DONAHUE, Circuit Judges.
The indictment contains four counts. The first count charges the defendant with breaking the seal of a railroad car containing an interstate shipment of freight with the intent to commit larceny. The second count charges the larceny of six automobile tires, a part of an interstate shipment of freight contained in this car and consigned to E. B. Booker, Holly Springs, Miss. The third count charges the larceny of two automobile tires, a part of an interstate shipment contained in this car, consigned to the Green Auto Company at Holly Springs, Miss. The fourth count charges that they received and had in their possession property stolen from an interstate shipment, with knowledge of the fact that the same had been stolen. The jury found defendants guilty on all four counts. A motion for new trial was overruled by the court and sentence imposed.
Counsel for plaintiff in error insists that there is no substantial evidence to sustain this verdict of guilty. This question however, was not raised in the trial of the case, either by motion to direct a verdict at the close of all the evidence or in any other way. ***** v. Imperial Window Glass Co., 224 F. 60, 139 C.C.A. 622; City of Lincoln v. Sun Vapor Street Light Co., 59 F. 756, 8 C.C.A. 253.
It is also contended on behalf of the plaintiff in error that the court erred to their prejudice in admitting in evidence a paper writing purporting to be a confession, signed by both of the defendants, for the reason that this confession was not voluntary on the part of either. Whether confessions offered in evidence were voluntary is a question relating to the admissibility of evidence, and therefore a question for the trial court to decide upon the evidence offered; but where there is a conflict of evidence the confession may be submitted to the jury, under instruction to disregard it if it finds that it was not voluntary. Wilson v. United States, 162 U.S. 613, 16 Sup.Ct. 895, 40 L.Ed. 1090. In this case the court not only found from the evidence that the confessions were voluntary and admitted the same, but also called the attention of the jury to this evidence, and instructed it to give to these confessions such consideration as in its opinion they might be worth.
Exceptions were taken to the charge of the court touching defense of alibi. In this respect the court said in effect that an alibi consists in proof that defendants were elsewhere at the time of the commission of the alleged crime, and that it was therefore impossible for them to have been at the place where the offense was committed. Counsel objects to the word 'impossible,' but that is the real purpose of this defense. The defense of alibi cannot be thoroughly established, so as to preclude possibility of guilt, except by satisfactory proof that the defendant was at a place so remote from the...
To continue reading
Request your trial
-
United States v. McDonald
... ... City of ... Lincoln v. Street-Light Co. (C.C.A. 8) 59 F. 756, 8 ... C.C.A. 253; Penn Casualty Co. v. Whiteway (C.C.A. 9) ... 210 F. 782, 127 C.C.A. 332; Thompkins v. M., K. & T. Ry ... Co. (C.C.A. 8) 211 F. 391, 397, 128 C.C.A. 1, 52 ... L.R.A.(N.S.) 791; McCool v. U.S.(C.C.A. 6) 263 F ... 55; Ray v. U.S. (C.C.A. 6) 265 F. 257; Bank of ... Italy v. Romeo & Co. (C.C.A. 9) 287 F. 5, 7 ... The ... eleventh assignment of error is that the verdict is contrary ... to law. Because of the failure of the petitioner to conform ... to Rule 11, ... ...
-
State v. Stump
...329 (2nd Cir., 1933), cert. den. 290 U.S. 705, 54 S.Ct. 373, 78 L.Ed. 606; Falgout v. United States, 5 Cir., 279 F. 513; McCool v. United States, 6 Cir., 263 F. 55; Fielder v. United States, 142 C.C.A. 356, 227 F. 832; and Glover v. United States, 77 C.C.A. 450, 147 F. 3 15 Am.Jur. Criminal......
-
Patterson v. United States
...of the court alone to hear and decide upon the evidence offered. Hopt v. Utah, 110 U.S. 574, 583, 4 S.Ct. 202, 28 L.Ed. 262; McCool v. U. S., 6 Cir., 263 F. 55; Wagner v. U. S., 5 Cir., 110 F.2d 595, 596. And where the evidence is conflicting, as here, it is for the jury. Hopt v. Utah, supr......
-
McBryde v. United States
...and reduced to writing in his presence, are questions for the jury. Wan v. U. S., 266 U. S. 1, 45 S. Ct. 1, 69 L. Ed. 131; McCool v. U. S. (C. C. A.) 263 F. 55; Murray v. U. S., 288 F. 1008, 1013, 53 App. D. C. 119; Shaw v. U. S., 180 F. 348, 355, 103 C. C. A. The verdict and judgment in th......