United States v. Kilgore
| Decision Date | 06 November 1968 |
| Docket Number | No. 12007-12009.,12007-12009. |
| Parties | UNITED STATES of America, Appellee, v. Betty Ramsey KILGORE, Appellant. UNITED STATES of America, Appellee, v. William MORRIS, Appellant. UNITED STATES of America, Appellee, v. Manuel Ray SNELLING, Appellant. |
| Court | U.S. Court of Appeals — Fourth Circuit |
S. Strother Smith, III, Abingdon, Va. (Court-appointed counsel), for appellant William Morris.
Benjamin F. Sutherland, Dante, Va. (Court-appointed counsel), for appellant Betty Ramsey Kilgore.
Joseph M. Kuczko, Norton, Va. (Court-appointed counsel), for appellant Manuel Ray Snelling.
Robert S. Irons, Asst. U. S. Atty., for appellee.
Before HAYNSWORTH, Chief Judge, and BRYAN and CRAVEN, Circuit Judges.
Certiorari Denied March 24, 1969. See 89 S.Ct. 1204, 1213.
The defendants were convicted after a joint trial of passing counterfeit currency upon several counts in a joint indictment. We find no error in their conviction.
Because each defendant was not named in each of the counts, it is contended each was entitled to a separate trial. The testimony abundantly shows, however, that the three together visited restaurant after restaurant, between which they moved mostly by foot, negotiating, or attempting to negotiate, at each establishment one or more counterfeit twenty-dollar bills to cover such small purchases as a package of cigarettes, three beers for the trio or six cans of beer to take out. It is immaterial that the indictment did not contain a formal conspiracy count. Since the proof showed concerted action, the defendants were properly tried together, even though only that defendant who actually tendered each bill for negotiation was actually named in the count charging the negotiation of that bill. The third count of the indictment jointly charged the three with the attempted negotiation of one counterfeit bill.
Defendant Morris attempts to buttress his claim of right to a severance by alleging that a co-defendant would have corroborated his testimonial claim of unwitting receipt of the counterfeit currency in a poker game, if the two had not been tried jointly. Morris alleges that this co-defendant refused to testify in his behalf because of the prejudice which might have resulted from the introduction against him for impeachment purposes of his record of prior convictions. It does not appear, however, that an adequate record was made below to sustain such a contention. It was nowhere demonstrated that the codefendant was willing, at a separate trial, to corroborate Morris' story or that he would have done so in their joint trial if the court had limited the cross-examination. We cannot simply assume that the corroborative testimony would have been forthcoming if fear of revelation of the prior felony record had been removed. Morris' claim of...
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