United States v. Rojas, 71-2250.

Decision Date01 May 1972
Docket NumberNo. 71-2250.,71-2250.
Citation458 F.2d 1355
PartiesUNITED STATES of America, Plaintiff-Appellee, v. Clotilda Calderon ROJAS, Defendant-Appellant.
CourtU.S. Court of Appeals — Ninth Circuit

Richard F. Ellers, Nevada City, Cal., for defendant-appellant.

William D. Keller, U. S. Atty., Chester L. Brown, Asst. U. S. Atty., Eric A. Nobles, Chief, Crim. Div., Los Angeles, Cal., for plaintiff-appellee.

Before KOELSCH, KILKENNY and TRASK, Circuit Judges.

PER CURIAM:

Appellant was tried and convicted in the district court, sitting without a jury, for misapplication of bank funds (18 U.S.C. § 656).

Appellant contends that the evidence was insufficient, in that it "did not exclude every hypothesis but guilt." As this court held in Sablan v. Peo. of Guam, 434 F.2d 837, 839 (9th Cir. 1970), "The proper test is not whether the evidence excludes every hypothesis except that of guilt, but rather, `whether the trier of fact could reasonably arrive at its conclusion'." See United States v. Nelson, 419 F.2d 1237, 1243 (9th Cir. 1969). Although appellant's testimony conflicted with that of prosecution witnesses, there was substantial evidence to support a finding of guilt. It was for the trial judge, as finder of fact, to assess the weight and credibility of the witnesses' testimony. Rule 23, F.R.Crim.P.; Fernandez-Delgado v. United States, 368 F.2d 34 (9th Cir. 1966).

Nor did the trial court err in admitting into evidence testimony concerning a damaging admission made by appellant. The admission was made to a bank official, not a law enforcement officer, and the trial court specifically found, after hearing the parties, that the statement was voluntary.

Lastly, appellant argues that her admission was not corroborated. She is mistaken.

The judgment is affirmed.

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15 cases
  • U.S. v. Whitten
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • 25 Mayo 1983
    ...hypothesis but that of guilt but whether the trier of fact could reasonably arrive at the conclusion of guilt. United States v. Rojas, 458 F.2d 1355, 1356 (9th Cir.1972). The essential elements of the offense with which Whitten is charged in Counts 10 through 17 are: (1) knowing or intentio......
  • United States v. Schall
    • United States
    • U.S. District Court — Eastern District of Pennsylvania
    • 1 Febrero 1974
    ...the Court without a jury it is for the Trial Judge to assess the weight and credibility of the witnesses' testimony. United States v. Rojas, 458 F.2d 1355 (9th Cir. 1972). The Trial Judge in a non-jury criminal prosecution must carefully weigh and determine the credibility to be given to th......
  • United States v. Heck
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • 5 Junio 1974
    ...evidence and to adopt the California rule. This court has refused this invitation on past occasions. United States v. Rojas, 458 F.2d 1355, 1356 (9th Cir. 1972); Sablan v. People of Guam, 434 F.2d 837 (9th Cir. The proper test is not whether the evidence excludes every hypothesis except tha......
  • State v. Bodtke
    • United States
    • Nebraska Supreme Court
    • 8 Marzo 1985
    ...applies to statements made to private individuals as well as to those made to law enforcement personnel); cf. United States v. Rojas, 458 F.2d 1355 (9th Cir.1972) (in a bench trial a bank employee's damaging admission to a bank official regarding misapplication of bank funds was admissible,......
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