United States v. Gross, 6794.
| Decision Date | 01 April 1939 |
| Docket Number | No. 6794.,6794. |
| Citation | 103 F.2d 11 |
| Parties | UNITED STATES v. GROSS et al. |
| Court | U.S. Court of Appeals — Seventh Circuit |
Joseph R. Roach and A. E. Roth, both of Chicago, Ill., for appellants.
Daniel D. Glasser and William J. Campbell, both of Chicago, Ill., for the United States.
Before SPARKS, MAJOR, and KERNER, Circuit Judges.
The appellants and John Vanco were jointly indicted by a Federal Grand Jury on four separate counts. The first count charged them with feloniously carrying on the business of a wholesale liquor dealer without having paid the special tax required by law. The second count charged them with having feloniously transported through the streets of the city of Chicago, 130 gallons of alcohol, in containers which did not have affixed to them stamps denoting the quantity of distilled spirits contained therein, and evidencing payment of all Internal Revenue taxes imposed upon such spirits as required by law. The third count charged them with removing, depositing and concealing alcohol in respect of which a tax was then and there imposed, with intent to defraud the United States of such tax. The fourth count charged the defendants with a conspiracy to commit the offenses set forth in the preceding counts.
To each count of this indictment the defendants entered a plea of not guilty, and on October 31, 1938, a jury was empaneled to try the cause. On the same day Vanco, by leave of court, withdrew his plea of not guilty and entered a plea of guilty, whereupon the trial proceeded. At the close of the Government's evidence each appellant filed a motion for directed verdict. This was renewed at the close of all the evidence and was denied. The jury returned a verdict of guilty as charged in the indictment. Judgment was entered on the verdict, and from that judgment this appeal is prosecuted.
Appellants have not complied with paragraph 5 of rule 22 of this court by setting forth the contested issues, but in the body of their brief they state that they rely upon the following alleged errors: (1) The cross-examination of the defendants and a witness presented by them; (2) the ruling of the court in admitting evidence of unrelated felonies; and (3) the ruling of the court in admitting in evidence an alleged confession of the appellant Nolan.
The record substantially supports the following facts: Armstrong and Linder were investigators for the Government. On November 22, 1937, they went to the vicinity of Ashland Avenue and Seventeenth Street, where they smelled the fumes of mash emanating from 1540 West Seventeenth Street. They thereupon stationed themselves in a building near the one from which the odors emanated. They heard men working in that building and located themselves on the first floor of a building directly opposite a garage door in the rear of the suspected building. At about nine-fifty P. M. they heard the start of a motor, the doors of the garage opened, and a Ford car backed out of the garage. The defendant Vanco was at the wheel of the car and there were two other men inside the garage. They closed the doors as Vanco "cleared" to drive away. Linder afterwards identified Gross as one of the other men, but Armstrong identified no one but Vanco. As the car drove away it appeared to be heavily loaded. Armstrong and Linder thereupon drove their car to Fourteenth and Halsted Streets where they found the Ford car which had backed out of the garage. They approached it and smelled the fumes of alcohol. One of them set his foot on the bumper, and was convinced by the reaction of the springs that it was heavily loaded, and he also saw the shape of five-gallon cans under an old cloth that was back of the front seats. Shortly thereafter Vanco left a tavern at the corner of Fourteenth and Halsted Streets, cleaned the windows of his car, and returned to the tavern. Shortly afterwards appellants and Vanco came out of the tavern, got into the Ford car and drove away. Armstrong and Linder followed the Ford and stopped it a short distance from the tavern. Nolan was then driving the car, and upon being stopped he stepped out of the car with his police badge in his hands and said to Armstrong and Linder: Armstrong said: Nolan then got into the front seat of the investigators' car and said: Armstrong replied: "Why?" To which Nolan answered: ...
To continue reading
Request your trial
-
State v. Bember
...States v. Frazier, 584 F.2d 790, 793 (6th Cir. 1978); United States v. Latimer, 548 F.2d 311, 314 (10th Cir. 1977); United States v. Gross, 103 F.2d 11 (7th Cir. 1939).5 We have also noted: "In general, photographs of a corpse have been held properly admissible in prosecutions for homicide ......
-
United States v. Toner
...at page 82, 62 S.Ct. 457. As to the right of the trial judge to ask questions, see Quercia v. United States, supra; United States v. Gross, 7 Cir., 1939, 103 F.2d 11; United States v. Breen, 2 Cir., 1938, 96 F.2d 782; Garber v. United States, 6 Cir., 1944, 145 F.2d 966, 971 et seq. Defense ......
-
Glasser v. United States Kretske v. Same Roth v. Same 8212 32
...witnesses, but in the main such interrogation was within its power to elicit the truth by an examination of the witnesses. United States v. Gross, 7 Cir., 103 F.2d 11; United States v. Breen, 2 Cir., 96 F.2d 782. In asking Anthony Hodorowicz whether there had been a full disclosure of his c......
-
Fischer v. United States
...on other grounds 87 U.S.App.D.C. 172, 183 F.2d 990; National Mut. Casualty Co. v. Eisenhower, 10 Cir., 116 F.2d 891; United States v. Gross, 7 Cir., 103 F.2d 11, 13; United States v. Breen, 2 Cir., 96 F.2d 782, certiorari denied 304 U.S. 585, 58 S.Ct. 1061, 82 L.Ed. Lastly, it is contended ......