Simpson v. United States, No. 2341.

CourtUnited States Courts of Appeals. United States Court of Appeals (4th Circuit)
Writing for the CourtWADDILL, ROSE, and PARKER, Circuit
Citation11 F.2d 591
Decision Date27 February 1926
Docket NumberNo. 2341.
PartiesSIMPSON et al. v. UNITED STATES.

11 F.2d 591 (1926)

SIMPSON et al.
v.
UNITED STATES.
*

No. 2341.

Circuit Court of Appeals, Fourth Circuit.

February 27, 1926.


J. Howard Hundley, of Charleston, W. Va. (J. Raymond Gordon, of Charleston, W. Va., on the brief), for plaintiffs in error.

B. J. Pettigrew, Asst. U. S. Atty., of Charleston, W. Va. (Elliott Northcott, U. S. Atty., of Huntington, W. Va., on the brief), for the United States.

Before WADDILL, ROSE, and PARKER, Circuit Judges.

11 F.2d 592

PARKER, Circuit Judge.

The defendants were convicted under an indictment charging conspiracy to possess and transport intoxicating liquors in violation of the National Prohibition Act (Comp. St. Ann. Supp. 1923, § 10138¼ et seq.). The point upon which they chiefly rely is that there was no sufficient evidence to support a conviction and that the court should have directed a verdict of not guilty. This requires that we review and analyze the evidence.

On the morning of July 9, 1924, officers of the law saw the defendants Chapman and Horton in conversation with the defendant Simpson at his home in the city of Charleston, W. Va. After talking with Simpson for a while, Chapman and Horton got in Simpson's car and drove off towards Huntington. About 12 hours later, as they were driving the same car back "off of" the Huntington road, the officers stopped them, and upon making search found 30 gallons of intoxicating liquor concealed in secret compartments of the car. This liquor was contained in jugs which were wrapped in 25-pound paper bags, and were placed in the secret compartments, which were concealed behind and beneath the seats, and were so ingeniously arranged as to be discoverable only by very close examination. It is a fair inference that these secret compartments were intended to be used in the illegal transportation of liquor. It was shown that the defendant Simpson a short time before this had purchased paper bags similar to those found wrapped around the jugs of liquor, and some of the bags corresponding to these were found by the officers in his garage.

The defendant Horton offered no explanation of his presence in the car transporting the liquor, and defendant Simpson offered no explanation of the fact that his car was equipped with secret compartments peculiarly adapted for concealing liquor during transportation, or of his purchase and possession of the paper bags. Defendant Chapman testified that he alone procured and transported the liquor, and that Simpson and Horton knew nothing about it; that he purchased the paper bags found on the liquor, and also those found in Simpson's garage; that he was...

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11 practice notes
  • United States v. Miller, No. 82 CR 509.
    • United States
    • United States District Courts. 7th Circuit. United States District Court (Northern District of Illinois)
    • December 13, 1982
    ...and abetting a conspiracy. United States v. Falcone, 311 U.S. 205, 61 S.Ct. 204, 85 L.Ed. 128 (1940). See also United States v. Simpson, 11 F.2d 591 (4th Cir.1926), cert. denied, 271 U.S. 674, 46 S.Ct. 488, 70 L.Ed. 1145 (1926). However, an aider and abettor to a conspiracy must have known ......
  • United States v. Harrison, No. 7498.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • June 24, 1941
    ...v. United States, 6 Cir., 281 F. 516, certiorari denied, 260 U.S. 734, 43 S.Ct. 95, 67 L. Ed. 487; Simpson v. United States, 4 Cir., 11 F.2d 591; Pattis v. United States, 9 Cir., 17 F.2d 562, noted in Criminal Law — Conspiracy — One Who Knowingly Assists Others to Accomplish Object of A Con......
  • Orton v. United States, No. 6944.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • April 12, 1955
    ...are equally guilty with the original conspirators. Comeriato v. United States, 4 Cir., 58 F.2d 557, 558; Simpson v. United States, 4 Cir., 11 F.2d 591, 593. The evidence here, taken as a whole, leaves no doubt that a general conspiracy or partnership in criminal purposes existed for violati......
  • Snead v. United States, No. 6874.
    • United States
    • U.S. Court of Appeals — Fourth Circuit
    • December 10, 1954
    ...the existence of a conspiracy, aids in carrying out its unlawful design makes himself a party thereto. Simpson v. United States, 4 Cir., 11 F.2d 591." We agree with appellant that evidence of Snead's reputation as a violator of the liquor laws was not competent evidence on the question of i......
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11 cases
  • United States v. Miller, No. 82 CR 509.
    • United States
    • United States District Courts. 7th Circuit. United States District Court (Northern District of Illinois)
    • December 13, 1982
    ...and abetting a conspiracy. United States v. Falcone, 311 U.S. 205, 61 S.Ct. 204, 85 L.Ed. 128 (1940). See also United States v. Simpson, 11 F.2d 591 (4th Cir.1926), cert. denied, 271 U.S. 674, 46 S.Ct. 488, 70 L.Ed. 1145 (1926). However, an aider and abettor to a conspiracy must have known ......
  • United States v. Harrison, No. 7498.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • June 24, 1941
    ...v. United States, 6 Cir., 281 F. 516, certiorari denied, 260 U.S. 734, 43 S.Ct. 95, 67 L. Ed. 487; Simpson v. United States, 4 Cir., 11 F.2d 591; Pattis v. United States, 9 Cir., 17 F.2d 562, noted in Criminal Law — Conspiracy — One Who Knowingly Assists Others to Accomplish Object of A Con......
  • Orton v. United States, No. 6944.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • April 12, 1955
    ...are equally guilty with the original conspirators. Comeriato v. United States, 4 Cir., 58 F.2d 557, 558; Simpson v. United States, 4 Cir., 11 F.2d 591, 593. The evidence here, taken as a whole, leaves no doubt that a general conspiracy or partnership in criminal purposes existed for violati......
  • Snead v. United States, No. 6874.
    • United States
    • U.S. Court of Appeals — Fourth Circuit
    • December 10, 1954
    ...the existence of a conspiracy, aids in carrying out its unlawful design makes himself a party thereto. Simpson v. United States, 4 Cir., 11 F.2d 591." We agree with appellant that evidence of Snead's reputation as a violator of the liquor laws was not competent evidence on the question of i......
  • Request a trial to view additional results

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