Tripp v. United States, 6697

• Decision Date: 18 September 1961
• Docket Number: 6698.,No. 6697,6697
• Citation: 295 F.2d 418
• Parties: Samuel Elvin TRIPP, Appellant, v. UNITED STATES of America, Appellee. Charles Clarence TRIPP, Jr., Appellant, v. UNITED STATES of America, Appellee.
• Court: U.S. Court of Appeals — Tenth Circuit

295 F.2d 418 (1961)

Samuel Elvin TRIPP, Appellant, v. UNITED STATES of America, Appellee.

Charles Clarence TRIPP, Jr., Appellant, v. UNITED STATES of America, Appellee.

Nos. 6697, 6698.

United States Court of Appeals Tenth Circuit.

September 18, 1961.

Carloss Wadlington, Ada, Okl., for appellants.

Harry G. Fender, Asst. U. S. Atty., Muskogee, Okl. (Edwin Langley, U. S. Atty., Muskogee, Okl., was with him on the brief), for appellee.

Before MURRAH, Chief Judge, and PHILLIPS and HUXMAN, Circuit Judges.

PHILLIPS, Circuit Judge.

A nine-count indictment was returned in the United States District Court for the Eastern District of Oklahoma. The first count charged Samuel Elvin Tripp, Charles Clarence Tripp, Jr., Goforth, Frank Looney Lauderdale, Rose Bell Lauderdale, Archer and Clopton with conspiracy to possess, utter and sell counterfeit obligations of the United States. It alleged that the conspiracy began on July 15, 1960, and continued to July 21, 1960. The second count charged the Tripps with possession of 27 counterfeit $100 Federal Reserve Notes. The third count charged that the Tripps sold 27 counterfeit $100 Federal Reserve Notes to Lauderdale and Archer. Each of the fourth, fifth and sixth counts charged the Tripps, Goforth, the Lauderdales and Archer with passing a counterfeit $100 Federal Reserve Note. Each of the seventh and eighth counts charged the defendants named in the fourth, fifth and sixth counts and Clopton with passing a counterfeit $100 Federal Reserve Note; and the ninth count charged them with possessing 14 counterfeit $100 Federal Reserve Notes. Archer entered a plea of guilty. The remaining defendants entered pleas of not guilty and each of them was convicted on every count on which he or she was charged. The Tripps were sentenced to imprisonment for a period of five years on each of the nine counts on which they were convicted. The sentences were to run concurrently. They have appealed.

The Tripps assigned several grounds for reversal, but we find it necessary to consider only their contention that the court erred in not sustaining a motion for directed verdicts of not guilty as to them, for the reason that the evidence against them was insufficient to warrant verdicts of guilty.

In order to place the case in proper posture to consider the sufficiency of the evidence against the Tripps, we shall set forth certain of the evidence introduced by the Government, which directly relates to other defendants than the Tripps.

Archer, called as a witness by the Government, testified that in June, 1960, Goforth stated to him and Frank Lauderdale that he knew where he could probably get some counterfeit money; that he had a conversation on July 16, 1960, with Frank Lauderdale and Goforth concerning counterfeit money and that Goforth at that time showed them a counterfeit $100 bill and asked Lauderdale if he could get rid of it; that he, Goforth and Lauderdale went to a tavern, where they left Rose Lauderdale, and proceeded to the Penney Store in Dallas, where he attempted to pass the bill, but was unsuccessful; that the following day he and the Lauderdales drove to Muskogee, Oklahoma, in Lauderdale's automobile; that on the way he attempted to pass a counterfeit bill at a Safeway Store in McAlester, but was unsuccessful; that they stayed overnight at the Cherokee Motel in Muskogee and that he paid the bill with a counterfeit $100 bill and gave the change which he received to Lauderdale; that on the morning of July 18, he and Lauderdale went to Goforth's home in Muskogee in Lauderdale's automobile; that he went into the Goforth house to visit with Mrs. Goforth; that Lauderdale remained in the automobile in the yard; that after he had been in the house some time Lauderdale blew the horn of the automobile; that he left the house; that Lauderdale was seated in the automobile; that he entered the automobile and that they left the Goforth premises; that as they were leaving Lauderdale told him he had purchased some counterfeit money; that he had paid therefor $200 and was supposed to pay $300 more; and that he was supposed to get some more counterfeit money; that they met Clopton at Fort Gibson and drove south toward Dallas, Texas; that they stopped at a watermelon stand at Atoka, Oklahoma; that Lauderdale and Clopton went to the stand; that he, the Lauderdales and Clopton were arrested about one-half mile from the watermelon stand.

The clerk at the Penney Store in Dallas testified that on July 16, 1960, Archer attempted to pass to him a $100 bill; that he became suspicious and that while he was attempting to call the "Secret Service" Archer left. A clerk for the Name Brand Shoe Store in Dallas, Texas, testified that on July 16, 1960, she received a $100 bill from Goforth in payment for shoes. She later learned that the bill was counterfeit and identified it at the trial. A clerk for the Safeway Store in McAlester, Oklahoma, testified that on July 16, 1960, Archer offered her a $100 bill for groceries, but when she was unable to give him change for the bill, he left without the groceries. The owner of the Cherokee Motel at Muskogee testified that on July 17, 1960, Archer rented a room and paid the rental with a $100 bill. He identified the bill at the trial. The operator of a billiard parlor in Muskogee testified that on July 19, 1960, Goforth passed to him a $100 bill, which he later learned was counterfeit. He identified the bill at the trial. The operator of the Bell Tavern in Muskogee testified that on July 19, 1960, he changed a $100 bill for Lauderdale. He identified the bill at the trial. A plumber testified that on July 19, 1960, Goforth paid him for some plumbing work with a $100 bill. He identified the bill at the trial. An attendant for a gas station at Savanna, Oklahoma, testified that on July 21, 1960, Clopton gave him a $100 bill in payment for gas. He identified the Lauderdales as persons who were present with Clopton at the time the bill was passed. The attendant identified the bill at the trial. The operator of the watermelon stand near Atoka, Oklahoma, testified that on July 21, 1960, Clopton gave him a $100 bill in payment for some melons. He identified the Lauderdales as persons who were present with Clopton at the time the bill was passed. He identified the bill at the trial.

All the bills which the testimony had proved were passed by one or more of the defendants were received in evidence and the evidence established that each of them was counterfeit.

At the trial, Charles Tripp testified that he resided in St. Louis, Missouri, and worked for a service station; that Goforth was his uncle; that on July 15, 1960, he made a trip with his brother, Samuel, from Missouri to Muskogee, Oklahoma, to visit Goforth; that Goforth, his brother, Samuel, and he went downtown to have a drink; that they then went to Dallas, where Goforth wanted to see Archer about a job; that Archer lived at Lauderdale's home; that they left Muskogee about 4:00 p. m. and arrived in Dallas about midnight; that they stayed at the Travis Hotel in Dallas; that about 9:00 the next morning they went to Lauderdale's home; that he, Archer, the Lauderdales, Goforth, and his brother, Samuel, visited three or four taverns. He stated that on the trips to Muskogee and Texas he did not see any counterfeit money, nor any of the bills that had been introduced in evidence; that he did not have possession of any of the bills; that he was not present when any of them were passed or cashed, and that he never saw his brother, Samuel, in possession of such bills. He denied any knowledge with respect to the counterfeit bills. He stated that they remained in Dallas until Sunday morning; that they went back to Muskogee and stayed all night at Goforth's home; that they left the next morning and returned to Missouri; that the travel from St. Louis to Muskogee and to Dallas and the return to Muskogee and to St. Louis was in his automobile.

Samuel Tripp testified in his own behalf. He stated that he resided at Ellington, Missouri, and that he was a dealer in livestock. His testimony in other respects was substantially the same as Charles Tripp's and he denied any knowledge or connection with the counterfeit money.

In addition to the facts admitted by the Tripps in their testimony, the only facts established by the evidence, other than the evidence of the statements and confessions made by their codefendants hereinafter referred to, which tend to prove the guilt of the Tripps of the offenses charged against them were these:

On the night of July 15, 1960, Samuel Tripp registered at the Travis Hotel in Dallas. He was accompanied by another man. He signed the register as "Jim Shey and party." On July 16, 1960, Archer saw the Tripps with Goforth in a car at the Lauderdale home, but heard no conversation at that time with the Tripps, or in their presence, regarding counterfeit money. The Tripps accompanied Archer, Goforth and the Lauderdales to a tavern in Dallas. Archer, Goforth and Lauderdale left the tavern. They later returned to the tavern and found the Tripps still there. On July 17, 1960, the Tripps and Goforth returned in Charles Tripp's automobile to Goforth's home in Muskogee.

On July 18, 1960, Archer and Lauderdale went to Goforth's home in Muskogee in Lauderdale's automobile. When they arrived in the Goforth's yard, the Tripps were standing in the yard. Archer went into the Goforth house and Lauderdale remained in the automobile. Thereafter, Lauderdale blew the automobile horn. Archer came out of the house and he and Lauderdale left the Goforth premises in Lauderdale's automobile. As they were leaving the premises, Lauderdale made the statements with respect to the purchase of the counterfeit money hereinbefore set out in the narration of Archer's testimony, but the evidence wholly failed to show that such statement was made in the presence and hearing of the Tripps. On the contrary, there is a fair inference from the...