United States v. Turnipseed

• Decision Date: 27 November 1959
• Docket Number: No. 12714.,12714.
• Citation: 272 F.2d 106
• Parties: UNITED STATES of America, Plaintiff-Appellee v. Willie TURNIPSEED, Defendant-Appellant.
• Court: U.S. Court of Appeals — Seventh Circuit

272 F.2d 106 (1959)

UNITED STATES of America, Plaintiff-Appellee v. Willie TURNIPSEED, Defendant-Appellant.

No. 12714.

United States Court of Appeals Seventh Circuit.

November 27, 1959.

Frank W. Oliver, Chicago, Ill., for appellant.

Robert Tieken, U. S. Atty., John B. McFaddin, Asst. U. S. Atty., Chicago, Ill., John Peter Lulinski, Asst. U. S. Atty., Chicago, Ill., of counsel, for appellee.

Before DUFFY, SCHNACKENBERG and KNOCH, Circuit Judges.

DUFFY, Circuit Judge.

Defendant Turnipseed and five co-defendants were charged in a four-count indictment. In Count I they were charged with forging the name of the payee on a United States Treasury check; in Count II, with uttering said forged instrument; in Count III, with unlawfully possessing said check; and in Count IV, with unlawfully possessing a second government check. In each of Counts III and IV, it was charged the check described therein had been unlawfully abstracted from a letter which had been stolen from an authorized depository for mail.

Defendants Reed and Turner entered pleas of guilty; the other three co-defendants and the defendant herein were tried together without a jury. Defendant Turnipseed was tried on the theory he was an aider and abettor. The Court found all defendants guilty as charged in the several counts of the indictment. The error charged on this appeal relates to the sufficiency of the evidence to support the Court's finding of guilt as to Turnipseed.

We must and do consider the evidence in the record in a light most favorable to the government. If there is any substantial evidence to support the Court's finding of guilty, that finding must be sustained. United States v. Green, 7 Cir., 246 F.2d 155, 157; United States v. New York Great Atlantic & Pacific Tea Company, 7 Cir., 173 F.2d 79, 81.

On April 1, 1959, Turnipseed, who had no previous police record, borrowed an automobile from his friend Bradford. He picked up Williams and Roberts and drove about with them for some hours. The three drank some whiskey, fixed a flat tire, and did some errands. Later they were joined by Scott, Reed and Turner. Some one suggested to Turnipseed that if he would drive them to 69th and Halsted Streets, they would pay him. Upon arrival at that corner, Turner and Scott got out of the automobile and entered a Currency Exchange. Turnipseed also got out of the automobile but crossed the street to purchase a package of cigarettes.

Testimony of the events in the Currency Exchange was not admitted in evidence as to Turnipseed. It is here related to make understandable the action or lack of action by Turnipseed after reaching 69th and Halsted. After entering the Exchange, Turner handed a Treasury check to the operator of the Exchange in order to have same cashed. It was payable to one Rufus Morris, and had been endorsed with his name, but such signature was not Morris' genuine signature, nor signed by anyone authorized to do so. Turner also presented identification, but when the operator of the Exchange started to check on the identity by making a telephone call, Turner and Scott fled from the building. An alarm was sounded from the Exchange. The three co-defendants in the automobile started to drive away. Turner and Scott ran after the moving...