Scott v. United States

• Decision Date: 05 April 1922
• Docket Number: 3040.
• Citation: 283 F. 117
• Parties: SCOTT v. UNITED STATES.
• Court: U.S. Court of Appeals — Seventh Circuit

283 F. 117

SCOTT v. UNITED STATES.

No. 3040.

United States Court of Appeals, Seventh Circuit.

April 5, 1922

James B. Searcy, of Springfield, Ill., for plaintiff in error.

Edward C. Knotts and Howard C. Knotts, both of Springfield, Ill for the United States.

Before BAKER, ALSCHULER, and EVANS, Circuit Judges.

PER CURIAM.

Plaintiff in error was charged with having violated the Act of February 13, 1913(Comp. St. Sec. 8603), making it a criminal offense (a) to break the seal of a car unlawfully with intent to steal therefrom; (b) to enter the car; (c) to steal from the car; (d) to possess the interstate freight thus stolen.

It appears that four boys, whose ages varied from 15 to 16 years, were involved.Two of them pleaded guilty; the other two stood trial, though one of them on the witness stand admitted his participation in the offense.All three involved plaintiff in error, who, however, denied all guilt, and testified that he was in a city some distance away on the night of the theft.His alibi was supported by the testimony of others.

Perhaps the most seriously argued assignment deals with the testimony of accomplices and the conviction based thereon.The question is hardly worthy of separate consideration, in view of the present state of the law.For collection of cases, seeUnited States v. Heitler (D.C.)274 F. 401.There is no question but that the uncorroborated testimony of an accomplice is sufficient to support conviction.

No exceptions were taken to the charge, or to any part of it.At its close the court asked counsel for defendants if either had any criticism or suggestions, and the attorney for one defendant replied, 'The instructions are...