United States v. Twilligear, No. 71-1638.

CourtUnited States Courts of Appeals. United States Court of Appeals (10th Circuit)
Writing for the CourtHILL, BARRETT and DOYLE, Circuit
Citation460 F.2d 79
PartiesUNITED STATES of America, Plaintiff-Appellee, v. Bill Jack TWILLIGEAR, a/k/a Bill Jack Taylor, Defendant-Appellant.
Docket NumberNo. 71-1638.
Decision Date21 April 1972

460 F.2d 79 (1972)

UNITED STATES of America, Plaintiff-Appellee,
v.
Bill Jack TWILLIGEAR, a/k/a Bill Jack Taylor, Defendant-Appellant.

No. 71-1638.

United States Court of Appeals, Tenth Circuit.

April 21, 1972.


460 F.2d 80

David D. Uchner, Cheyenne, Wyo., for defendant-appellant.

Jack Speight, Asst. U. S. Atty. (Richard V. Thomas, U. S. Atty., Tosh Suyematsu, Asst. U. S. Atty., on the brief), Cheyenne, Wyo., for plaintiff-appellee.

Before HILL, BARRETT and DOYLE, Circuit Judges.

HILL, Circuit Judge.

This is a direct appeal by Twilligear from his jury conviction in the District of Wyoming on a three count indictment.

The charge against Twilligear and two co-defendants, Herman Leslie Hill and Kenneth Dwight Horton, arose out of a trip the three men took from Pocatello, Idaho, through Utah, to Cheyenne, Wyoming, where they were arrested. Along the route several Post Office money orders were purchased by Hill and Horton. The money orders were variously altered to increase the dollar amount for which they had originally been purchased. The orders were subsequently passed at several business houses.

Twilligear was charged with the two co-defendants in a three count indictment. Count I charged a conspiracy; Count II alleged interstate transportation, with unlawful and fraudulent intent, of tools and implements of forging, altering or counterfeiting securities; Count III alleged interstate transportation of falsely made and forged securities. The case against Twilligear was tried to a jury on September 9 and 10, 1971. The two co-defendants had previously pled guilty and testified at the trial in behalf of the government. Subsequent to the jury returning a verdict of guilty against Twilligear on all three counts, he was sentenced to five years imprisonment on Count I, eight years imprisonment on Count II, and five years imprisonment on Count III, the sentences to run concurrently. Twilligear appeals.

Appellant here advances three contentions in support of reversal of his conviction: first, that the government failed to sustain its burden of proof; second, that certain evidence was unlawfully seized by the police and therefore was erroneously received into evidence at the trial; and third, that no proper foundation was laid for admission into evidence of two money orders. After a careful reading of the record, we conclude that there is no merit to any of appellant's contentions.

A brief summation of the evidence presented at the trial will aid in the disposition of appellant's contentions. Twilligear and his two co-defendants were arrested in Cheyenne, Wyoming, by the local police. The arresting officer testified as to the items found on Twilligear at that time. Appellant then had a California driver's license and a money order in his possession. The California license, made out in the name of Bill J. Taylor, was found to be a forgery. The money order was made payable to Bill Taylor. These items were introduced

460 F.2d 81
into evidence against Twilligear. Upon arrest of the three men at Cheyenne, the co-defendant Horton consented to a warrantless police search of his suitcase; therein the police found the tools used in alteration of the money orders. These tools were introduced...

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51 practice notes
  • U.S. v. Sullivan, Nos. 89-7005 and 89-7008
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • 16 November 1990
    ...a defendant guilty beyond a reasonable doubt. United States v. Wright, 826 F.2d 938, 946 (10th Cir.1987); United States v. Twilligear, 460 F.2d 79, 81-82 (10th Cir.1972). We conclude that the record contains sufficient evidence to sustain the convictions of the defendants other than Mary Su......
  • U.S. v. Neal, No. 80-2041
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • 5 November 1982
    ...therefrom, in the light most favorable to the Government as we must on this appeal from a guilty verdict, United States v. Twilligear, 460 F.2d 79, 81-82 (10th Cir.), the evidence tended to show the following Government witness Joe Curtis Baker testified that he met Neal in October of 1978 ......
  • U.S. v. Swingler, Nos. 83-1570
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • 20 March 1985
    ...position to evaluate Bob Fisher's credibility than are we, and they apparently decided to believe him. See United States v. Twilligear, 460 F.2d 79, 82 (10th Cir.1972) ("Evaluating the credibility of witnesses is a matter for the jury, not for the appellate court.") see also Glass......
  • U.S. v. Greschner, Nos. 84-2032
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • 25 September 1986
    ...1137 (10th Cir.1969). We will reverse only upon a showing that the trial court abused its discretion. E.g., United States v. Twilligear, 460 F.2d 79, 81 (10th Cir.1972). We find no such showing here. The trial court's instruction on self-defense had two elements: The defendants must have &q......
  • Request a trial to view additional results
51 cases
  • U.S. v. Sullivan, Nos. 89-7005 and 89-7008
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • 16 November 1990
    ...a defendant guilty beyond a reasonable doubt. United States v. Wright, 826 F.2d 938, 946 (10th Cir.1987); United States v. Twilligear, 460 F.2d 79, 81-82 (10th Cir.1972). We conclude that the record contains sufficient evidence to sustain the convictions of the defendants other than Mary Su......
  • U.S. v. Neal, No. 80-2041
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • 5 November 1982
    ...therefrom, in the light most favorable to the Government as we must on this appeal from a guilty verdict, United States v. Twilligear, 460 F.2d 79, 81-82 (10th Cir.), the evidence tended to show the following Government witness Joe Curtis Baker testified that he met Neal in October of 1978 ......
  • U.S. v. Swingler, Nos. 83-1570
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • 20 March 1985
    ...position to evaluate Bob Fisher's credibility than are we, and they apparently decided to believe him. See United States v. Twilligear, 460 F.2d 79, 82 (10th Cir.1972) ("Evaluating the credibility of witnesses is a matter for the jury, not for the appellate court.") see also Glass......
  • U.S. v. Greschner, Nos. 84-2032
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • 25 September 1986
    ...1137 (10th Cir.1969). We will reverse only upon a showing that the trial court abused its discretion. E.g., United States v. Twilligear, 460 F.2d 79, 81 (10th Cir.1972). We find no such showing here. The trial court's instruction on self-defense had two elements: The defendants must have &q......
  • Request a trial to view additional results

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