United States v. Grider, No. 71-1264.
| Court | United States Courts of Appeals. United States Court of Appeals (10th Circuit) |
| Writing for the Court | LEWIS, , and McWILLIAMS and BARRETT, Circuit |
| Citation | 454 F.2d 713 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Charles GRIDER, Defendant-Appellant. |
| Docket Number | No. 71-1264. |
| Decision Date | 02 February 1972 |
454 F.2d 713 (1972)
UNITED STATES of America, Plaintiff-Appellee,
v.
Charles GRIDER, Defendant-Appellant.
No. 71-1264.
United States Court of Appeals, Tenth Circuit.
February 2, 1972.
Charles W. Ellis, Oklahoma City, Okl., for defendant-appellant.
Jeff R. Laird, First Asst. U. S. Atty. (William R. Burkett, U. S. Atty., Oklahoma City, Okl., with him on the brief), for plaintiff-appellee.
Before LEWIS, Chief Judge, and McWILLIAMS and BARRETT, Circuit Judges.
LEWIS, Chief Judge.
After trial to a jury in the District Court for the Western District of Oklahoma, appellant Grider was found guilty of a violation of 18 U.S.C. § 2314, unlawfully causing the interstate transportation of a falsely made and forged security. His appeal challenges the sufficiency of the evidence to support conviction and additionally asserts trial error in the admission of evidence concerning an offense not charged in the indictment. Also charged in the indictment was one Dennis Lee Rhoades. Rhoades pleaded guilty and testified for the prosecution in the case at bar.
The involved security was a Travelers Express Money Order, one of forty-one blank money orders drawn upon a Minnesota bank and stolen, together with a check protector, on June 10, 1970, during a burglary from a store in Enid, Oklahoma. The subject money order, filled out to Daniel J. Rhoades and imprinted by the stolen check protector for $78.00, was cashed in an Oklahoma store on July 11 and subsequently rejected by the Minnesota bank as a forgery. On June 16, in Tennessee, another of the stolen money orders similarly made out and imprinted was cashed and subsequently rejected for payment.
The witness Rhoades and appellant were companions and, together with others, were living in the same house in Enid, Oklahoma, during June 1970. Rhoades testified that on June 10 he was in possession of the stolen money orders and check protector and that he filled out both checks, the subject check in the presence of appellant, in his own handwriting and by use of the protector.1 Soon thereafter, the witness stated, he and appellant went to the Oklahoma store where the check was cashed. The witness did not enter the store nor did he endorse the check.2 However, appellant gave him part of the proceeds resulting from the transaction.
The witness Rhoades is the uncle of the assumed payee, Daniel Rhoades, and had his nephew's driver's license. The license was used for identification in the cashing of each...
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U.S. v. Hill, No. 93-3316
...Absent such a contemporaneous objection at trial, we review the admission of Alford's statement only for "plain error." Deluzio, 454 F.2d at 713. We reverse only if admitting the statement placed the underlying fairness of the entire trial in doubt, Joseph, 17 F.3d at 1286, or if it affecte......
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United States v. Roby, No. 73-1441.
...prejudicial in light of our uncontradicted line of cases involving money orders in violation of 18 U.S.C. § 2314. United States v. Grider, 454 F.2d 713 (10th Cir. 1972); McGee v. United States, supra; Halfen v. United States, The judgment is affirmed. --------Notes: 1 See letter from Attorn......
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United States v. DeLuzio, No. 71-1325.
...juror was excused for this reason. One of the twelve jurors was excused during the trial when he realized he had certain indirect 454 F.2d 713 knowledge of the case. The trial continued with the prosecution and defense stipulating to a jury of eleven. It is within the discretion of the tria......
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United States v. Pickens, No. 71-1557.
...contentions to the contrary are without merit. United States v. Hampton, 458 F.2d 29 (10th Cir. 1972); United States v. Grider, 454 F.2d 713 (10th Cir. 1972); United States v. Carter, 433 F.2d 874 (10th Cir. Pickens contends that the court's instruction to the jury on aiding and abetting wa......
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U.S. v. Hill, No. 93-3316
...Absent such a contemporaneous objection at trial, we review the admission of Alford's statement only for "plain error." Deluzio, 454 F.2d at 713. We reverse only if admitting the statement placed the underlying fairness of the entire trial in doubt, Joseph, 17 F.3d at 1286, or if it affecte......
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United States v. Roby, No. 73-1441.
...prejudicial in light of our uncontradicted line of cases involving money orders in violation of 18 U.S.C. § 2314. United States v. Grider, 454 F.2d 713 (10th Cir. 1972); McGee v. United States, supra; Halfen v. United States, The judgment is affirmed. --------Notes: 1 See letter from Attorn......
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United States v. DeLuzio, No. 71-1325.
...juror was excused for this reason. One of the twelve jurors was excused during the trial when he realized he had certain indirect 454 F.2d 713 knowledge of the case. The trial continued with the prosecution and defense stipulating to a jury of eleven. It is within the discretion of the tria......
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United States v. Pickens, No. 71-1557.
...contentions to the contrary are without merit. United States v. Hampton, 458 F.2d 29 (10th Cir. 1972); United States v. Grider, 454 F.2d 713 (10th Cir. 1972); United States v. Carter, 433 F.2d 874 (10th Cir. Pickens contends that the court's instruction to the jury on aiding and abetting wa......