U.S. v. Darrell, 80-7102
| Decision Date | 05 November 1980 |
| Docket Number | No. 80-7102,80-7102 |
| Citation | 629 F.2d 1089 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. James R. DARRELL, Defendant-Appellant. Summary Calendar. . Unit B |
| Court | U.S. Court of Appeals — Fifth Circuit |
L. Drew Redden, John S. Tucker, Jr., Birmingham, Ala., for defendant-appellant.
Bill L. Barnett, Asst. U. S. Atty., Birmingham, Ala., for plaintiff-appellee.
Appeal from the United States District Court for the Northern District of Alabama.
Before GODBOLD, KRAVITCH and HATCHETT, Circuit Judges.
The defendant James R. Darrell was charged with violation of 18 U.S.C. § 1341, the mail fraud statute, under an indictment charging that he:
devised and intended to devise a scheme and artifice to defraud and obtain money and the use of money by means of false and fraudulent pretenses, representations and promises from the Henderson National Bank, Huntsville, Alabama and the American National Bank, for deposit (sic-by presenting for deposit?) in the aforesaid American National Bank checks drawn on the aforesaid Henderson National Bank without first assuring there was on deposit in said bank sufficient funds to cover said checks.
It was further charged that the scheme and artifice was in substance as follows. Darrell opened a checking account at the Henderson National Bank on June 2, 1977. On June 15, 1977 he deposited in an account at the American National Bank (also located in Huntsville) a check drawn on the Henderson Bank account in the sum of $11,015, knowing that there were unsufficient funds on hand in the Henderson Bank account to pay the check. For the purpose of executing the scheme Darrell mailed a letter to American National on or about June 15, 1977.
At trial the defendant properly moved for a judgment of acquittal. The motion should have been granted, and we must reverse the conviction because there was a total absence of evidence that this defendant had any connection with the mailing of the single letter involved or with any other of the activities alleged and proved.
The entire testimony was given by four bank officials. Darrell did not take the stand or offer any evidence. The evidence entitled the jury to infer the following:
In March, 1977 an account was opened in the American National Bank in the name of Cahaba Real Estate and Investment Co., with the only authorized signature "James R. Darrell." The first and only deposit was $300, and $200 of this was a check, later returned for insufficient funds. During the brief life of this account a few checks were written on it, and most of them returned for insufficient funds, including a check dated March 24 for $11,000 payable to Redstone Federal Credit Union. On March 25 a check to cash was drawn over the signature of "James R. Darrell" which brought the balance to zero, and the bank closed the account.
On June 3, 1977 an account was opened in the Henderson National Bank in the name of Sun Valley Agency Realtors; the application showed four persons as officers or partners, one being "J. Darrell." There was a notation that signature cards were to follow, and a temporary signature card was signed "J. Darrell."
An officer of American National testified that around June 11 "Mr. Darrell" telephoned him, and asked that the Cahaba Real Estate account be re-opened for the purpose of a single transaction. This person told the officer that he would send to American National a check drawn on Henderson National and that American National should present it to Henderson and get it cashed. "Mr. Darrell" represented that there would be funds in Henderson National to cover the check drawn on it. 1
A day or two later the American National officer received a letter signed "James R. Darrell" on a typed letterhead showing the name "James R. Darrell" and a Huntsville address. The letter referred to account number 2350211, which was the number of the Cahaba Real Estate account. Enclosed was a check drawn on Henderson National for $11,015, on the signature "James R. Darrell," and payable to "Jas. R. Darrell." (The name "Sun Valley Agency Realtors" did not appear on...
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