Reavis v. United States, 1861.

• Decision Date: 24 October 1939
• Docket Number: No. 1861.,1861.
• Citation: 106 F.2d 982
• Parties: REAVIS et al. v. UNITED STATES.
• Court: U.S. Court of Appeals — Tenth Circuit

106 F.2d 982 (1939)

REAVIS et al. v. UNITED STATES.

No. 1861.

Circuit Court of Appeals, Tenth Circuit.

October 24, 1939.

James H. Mathers and James C. Mathers, both of Oklahoma City, Okl., and A. O. Manning, of Fairview, Okl., for appellants.

Charles E. Dierker, U. S. Atty., and Wade H. Loofbourrow, Asst. U. S. Atty., both of Oklahoma City, Okl., for appellee.

Before LEWIS, BRATTON, and HUXMAN, Circuit Judges.

BRATTON, Circuit Judge.

Parker Mitchner Reavis, Johnnie William Smith, and Marvin Arthur Carroll were indicted in two counts. The first charged that they formed a conspiracy to have in their possession and under their control counterfeit coins of the denomination of 50 cents, and to attempt to pass, utter and sell such coins as true and genuine; and the second charge that they had in their possession eighteen falsely made, forged and counterfeited coins in resemblance and similitude of genuine coins of 50 cent denominations. All defendants were found guilty. Reavis was sentenced on the second count to ten years in the penitentiary and to pay a fine of $500, and he was placed on probation on the first count for the period of five years to begin at the expiration of the sentence on the second count or upon his release from custody under such sentence. Carroll was sentenced on the first count to a term of two years in the penitentiary, and he was placed on probation on the second count for a term of five years to begin at the conclusion of the sentence on the first count or upon his release from custody on such count. The record does not show what disposition was made of Smith. Reavis and Carroll appealed.

It is contended that the evidence was insufficient to establish the conspiracy laid in the first count of the indictment, or to connect either of the appellants with such a conspiracy. There was evidence which tended to establish these facts. Carroll went into a sandwich shop in Kingfisher, Oklahoma, about 3:30 o'clock in the afternoon of October 12, 1938, ordered a 5-cent package of tobacco, and tendered a 50-cent coin in payment. The clerk examined the coin, stated that he thought it was counterfeit, and refused to accept it. Carroll thereupon said, "If it is bad, I don't want you to take it," and handed him a genuine coin. The second coin was accepted, the tobacco and 45 cents in change were delivered to Carroll, and he immediately departed. A deputy sheriff was advised of the transaction and soon thereafter arrested Carroll at the west edge of the town on Highway 33. Carroll had only 45 cents in change in his pockets. He stated that he had thrown the counterfeit coin away; that he did not know it was counterfeit; that he ate breakfast that morning in El Reno; and that he must have received the coin in change. At about 3 o'clock on the same afternoon Reavis went into a grocery in Kingfisher, ordered a 5-cent package of tobacco, and tendered a 50-cent coin in payment. The clerk examined it, said it was counterfeit, and refused to accept it. Reavis thereupon handed him another 50-cent coin and asked, "Do you think this one is any good?" The clerk replied in the affirmative and gave Reavis 45 cents in change. When Reavis left the store he contacted Smith, and later they got into an automobile and drove away. Reavis purchased a pair of socks at the J. C. Penny store between 3 and 4 o'clock; the price was 15 cents; he paid for them with a 50-cent coin; and a counterfeit 50-cent coin was found in the cash register at the close of business that day. He purchased a 5-cent spool of thread at the R. E. Young Company store during the afternoon; he also purchased a 25-cent purse from a different clerk, and paid for it with a 50-cent coin; and the cash register contained two counterfeit 50-cent coins at the close of business that day. Soon after Reavis purchased the tobacco, the chief of police began a search for him and Smith. He drove to the west part of town and there saw Carroll in the custody of the deputy sheriff. Reavis and Smith came along in an automobile belonging to Reavis, going east on Highway 33. The chief of police started in pursuit of them, sounding his siren and motioning them to stop. After a chase of approximately half a mile, he forced them off the highway and took them into custody. In the course of the chase they crossed a bridge over a creek, and while on the bridge the one on the right side of the car threw something over the bannister. It looked like torn pieces of paper but it did not float down to the creek as paper would. Instead, it fell like a heavy object would fall. Just before their arrest, Smith bent over, picked up something and threw it out of the car. Reavis had eight genuine 50-cent coins on his person, and $7.60 in change in 25-cent coins and less. A spool of thread, three cheap handkerchiefs, a pair of socks, six plugs of tobacco,...