United States v. McGrady
| Decision Date | 04 October 1951 |
| Docket Number | No. 10404.,10404. |
| Parties | UNITED STATES v. McGRADY et al. |
| Court | U.S. Court of Appeals — Seventh Circuit |
Fredrick J. Capp, Indianapolis, Ind., for appellants.
Matthew E. Welsh, U. S. Atty., Marshall E. Hanley, Asst. U. S. Atty., Indianapolis, Ind., for appellee.
Before KERNER, FINNEGAN, and LINDLEY, Circuit Judges.
This appeal brings up for review a judgment of conviction and sentence after a jury had found defendants guilty under an indictment charging kidnapping in violation of the Federal Kidnapping Act, 18 U.S.C. § 1201. The gist of the charge was that defendants on or about September 3, 1950, knowingly and unlawfully seized, kidnapped and transported George A. Phelps and Alice L. Tucker in interstate commerce from Manhattan, Indiana, to Paris, Illinois. In general, two points are argued for reversal.
While none of the defendants testified or offered any evidence, they insist that the facts developed on cross-examination of the Government's witnesses established that there was no kidnapping under the statute.
The statute in question provides: "(a) Whoever knowingly transports in interstate * * * commerce, any person who has been unlawfully seized, * * * kidnapped * * * or carried away and held for ransom * * * or otherwise, * * * shall be punished * * *." In considering this statute the Supreme Court in Gooch v. United States, 297 U.S. 124, 128, 56 S.Ct. 395, 397, 80 L.Ed. 522, held that the Act broadly prohibited transportation in interstate commerce of persons who were being unlawfully restrained "in order that the captor might secure some benefit to himself." And in Chatwin v. United States, 326 U.S. 455, 460, 66 S.Ct. 233, 90 L.Ed. 198, the Court recognized that the holding or restraint could be achieved by mental as well as by physical means. See also Sanford v. United States, 8 Cir., 169 F.2d 71, and United States v. Bazzell, 7 Cir., 187 F.2d 878.
It would serve no useful purpose to recite in detail the evidence which plaintiff adduced to prove the allegations of the indictment. The jury is the fact finding body. It judges the credibility of witnesses and draws the ultimate conclusions as to the facts, hence we must test the sufficiency of the proof upon the basis of what the jury had the right to believe, and not upon what defendants claim the jury should have believed. The evidence so adduced overwhelmingly established that while Phelps' automobile was parked in a schoolhouse yard near Manhattan, Indiana, defendants, escapees of an Indiana penal institution, dressed in blue overalls and khaki shirts, approached the automobile in which Phelps and Miss Tucker were sitting. Paulding carried a rock. He demanded that Phelps drive him and the other two defendants into Illinois. The defendants entered the automobile. McGrady sat in the front seat...
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