Swift v. United States
| Decision Date | 19 March 1963 |
| Docket Number | No. 7086.,7086. |
| Citation | 314 F.2d 860 |
| Parties | William Eugene SWIFT, Appellant, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — Tenth Circuit |
H. G. Bill Dickey, Tulsa, Okl., for appellant.
John M. Imel, U. S. Atty., Tulsa, Okl. (Phillips Breckinridge, Asst. U. S. Atty., Tulsa, Okl., with him on the brief), for appellee.
Before MURRAH, Chief Judge, and PICKETT and LEWIS, Circuit Judges.
The defendant, William Eugene Swift, was convicted by a jury on an indictment which charged him, together with Jack Edgar McBride, with transporting, in interstate commerce, stolen casing and tubing having a value in excess of $5,000, with knowledge that it was stolen. The facts alleged in the indictment charge a violation of 18 U.S.C. § 2314. Swift appeals from a judgment sentencing him to imprisonment for a term of three years and six months.
The charge arose out of the theft of a large quantity of oil well casing and tubing from the Midland Supply Company pipe yard near Medicine Lodge, Kansas. From the undisputed evidence, it appears that, on the night of April 15, 1961, Swift, McBride, Alfred Banks and Tom H. Ray entered the Midland Supply Company yard and took, without the permission of the owner, two truck loads of casing and one truck load of tubing worth not less than $7,000. According to the testimony of Banks and Ray, when the loaded trucks left the yard early in the morning of April 16, 1961, Swift drove the truck loaded with tubing, and McBride, accompanied by Ray, drove one of the trucks loaded with casing, while Banks drove the third truck. They testified that Swift took a different fork in the road several miles out of Medicine Lodge, Kansas, and they did not see him until the next day, at a prearranged meeting place in Cherokee, Oklahoma. Swift paid Banks $400, and McBride paid Ray $300, for their services in loading and moving the three truck loads of pipe.
A dealer in used oil field supplies at Tulsa, Oklahoma testified that he had made arrangements to purchase oil field pipe from McBride; that a trailer load of tubing was left in his yard at Tulsa, Oklahoma on the night of Sunday, April 16, 1961; and that the balance was delivered directly to one of his customers near Billings, Oklahoma. It appears from the record that officials of Midland Supply Company identified the truck load of pipe that was left in the Tulsa pipe yard on Sunday night as similar to the tubing which was stolen from the yard in Medicine Lodge, Kansas.
About ten days after the theft Swift was arrested at Tulsa, Oklahoma, and, while in the custody of state officers at Enid, Oklahoma, he made an oral statement to Joe Cramer, a detective sergeant with the Tulsa Police Department, detailing his part in the crime. In his statement to Cramer, Swift said that he, McBride, and the two others, had rented the tractor-trailers, driven to Medicine Lodge, Kansas, loaded the pipe at the Midland Supply Company yard at Medicine Lodge, Kansas, and brought it back to Oklahoma. He said he left the trailer loaded with the tubing at the oil field supply yard in Tulsa.
Swift's primary contention is that his statement to Sergeant Cramer should have been excluded from evidence because it was made after he had been unlawfully detained in violation of the rule announced in Mallory v. United States, 354 U.S. 449, 77 S.Ct. 1356, 1 L.Ed.2d 1479. In the Mallory case the Supreme Court applied the standard announced in McNabb v. United States, 318 U.S. 332, 63 S.Ct. 608, 87 L.Ed. 819, to Rule 5(a) of the Federal Rules of Criminal Procedure. Rule 5(a), which requires that a person who is arrested be taken before a commissioner without unnecessary delay, is invoked only when an officer makes an arrest under federal law. It has no application in this instance since the record here is clear that, at the time the statement was made by Swift, he had been arrested on a state charge, and was in the sole custody of state officers. Unlawful detention by state officers...
To continue reading
Request your trial
-
State v. Butler
...Ed. 2d 837 (1976) (not prejudicial when used to refute defendant's inference that codefendants were not indicted); Swift v. United States, 314 F.2d 860, 863 (10th Cir. 1963) (not prejudicial when used to counter defendant's argument that, since codefendants did not know merchandise was stol......
-
United States v. Parker
...v. United States, 335 F.2d 817, 819 (10th Cir. 1964), cert. denied 379 U.S. 909, 85 S.Ct. 203, 13 L.Ed.2d 180 (1964); Swift v. United States, 314 F.2d 860 (10th Cir. 1963); Sandoval v. United States, 285 F.2d 605 (10th Cir. 1960); Moreland v. United States, 270 F.2d 887 (10th Cir. 1959); O'......
-
State v. Caldwell
...comments made by a prosecuting attorney during final argument to a jury is waived if an objection is not made. See Swift v. United States (C.A.10, 1963), 314 F.2d 860, 863; Heald v. United States (C.A.10, 1949), 175 F.2d 878, 882-883. In our previous decision in this case, we were careful t......
-
Gajewski v. United States
...denied, 339 U.S. 921, 70 S. Ct. 620, 94 L.Ed. 1344 (1950); United States v. Miller, 6 Cir., 316 F.2d 81, 83 (1963); Swift v. United States, 10 Cir., 314 F.2d 860, 862 (1963); White v. United States, D.C.Cir., 314 F.2d 243, 245 (1962); Landers v. United States, 5 Cir., 304 F.2d 577, 578-579 ......