United States v. Johnson
| Citation | 382 F.2d 280 |
| Decision Date | 11 August 1967 |
| Docket Number | Docket 30220.,No. 496,496 |
| Parties | UNITED STATES of America, Appellee, v. Daniel F. JOHNSON, Appellant. |
| Court | United States Courts of Appeals. United States Court of Appeals (2nd Circuit) |
Carol Ryan, New York City (Anthony F. Marra, New York City, on the brief), for appellant.
Lars I. Kulleseid, Asst. U. S. Atty., Southern District of New York (Robert M. Morgenthau, U. S. Atty., and Robert G. Morvillo, Asst. U. S. Atty., Southern District of New York, on the brief), for appellee.
Before MOORE, FRIENDLY and ANDERSON, Circuit Judges.
The appellant Daniel F. Johnson was found guilty by a jury on two counts of an eight count indictment. Both of the counts charged him with theft of an interstate freight shipment of a value in excess of $100 in violation of 18 U.S.C. § 659. Judgments of conviction were entered against him and he has appealed.
There was evidence to prove the following facts. On August 14, 1964, Elijah Axson, a hand truck delivery man for the Courtney Trucking Company, was making a delivery of cartons of dresses on West 35th Street in Manhattan's "Garment District." Appellant, a former employee of Courtney's, came up behind Axson and said, "Do as I say and you won't get messed up, but if you don't, you will get messed up." Keeping his hand in his pocket to simulate possession of a weapon, the appellant ordered Axson to pull the hand truck over to 34th Street and then walk back to the Courtney office. Axson did as ordered, and the appellant proceeded down 34th Street with the hand truck.
On the morning of December 4, 1964, the appellant confronted Courtney employees McConeyhead and Martinis who were pushing a hand truck along West 34th Street with a load of cartons of dresses. The appellant, again simulating possession of a weapon, said that "he was going to get even with Courtney." He ordered McConeyhead and Martinis into a hallway and whistled to another man, who came across the street and watched the two delivery men while the appellant took the loaded hand truck away. Later the appellant returned with the truck empty and ordered the delivery men not to leave for five minutes. He and his accomplice then departed.
Later in the morning of December 4th the appellant, at 1400 Broadway, held up yet another Courtney delivery man, Herman Fuentes, by again pretending to hold a weapon in his pocket and ordered Fuentes to surrender his loaded hand truck. When Fuentes did not respond promptly, the appellant hit him in the face, and Fuentes began to shout; a crowd gathered and the appellant fled.
The two counts upon which the appellant was convicted were based respectively on the theft from Axson and the theft from McConeyhead and Martinis. He was not indicted for any offense arising out of his confrontation with Fuentes, and he, therefore, argues that the trial judge committed error in admitting evidence of the Fuentes incident.
This court has recently reaffirmed its consistently held position that evidence of similar acts, including other crimes, is admissible for...
To continue reading
Request your trial
-
Tarkington v. State, 5494
...So.2d 31 (1947); Williams v. State, 110 So.2d 654 (Fla.1959), cert. denied, 361 U.S. 847, 80 S.Ct. 102, 4 L.Ed.2d 86; United States v. Johnson, 382 F.2d 280 (2nd Cir. 1967); Fernandez v. United States, 329 F.2d 899 (9th Cir. 1964), cert. denied, 379 U.S. 832, 85 S.Ct. 62, 13 L.Ed.2d 40; Sta......
-
United States v. Chestnut
...414 U.S. 851, 94 S.Ct. 144, 38 L.Ed.2d 100 (1973); United States v. Williams, 470 F.2d 915, 917 (2d Cir. 1972); United States v. Johnson, 382 F.2d 280, 281 (2d Cir. 1970). 26 T. 556-57. See United States v. Papadakis, 510 F.2d 287, 295 (2d Cir. 1975); United States v. Klein, 340 F.2d 547, 5......
-
United States v. Crisona
...other crimes, is admissible for any relevant purpose other than merely to show defendant's bad character." United States v. Johnson, 382 F.2d 280, 281 (2d Cir. 1967). We do not think that the substantial and pressing financial obligation arising from the transaction is of insignificant prob......
-
United States v. Baker
...the guns proved no more than general bad character were true, we would be compelled to accept their conclusion. See United States v. Johnson, 382 F.2d 280, 281 (2d Cir. 1967). But the two guns showed far more than general bad character or propensity to crime. Baker's possession of the guns ......