United States v. Waldon
| Decision Date | 21 October 1940 |
| Docket Number | No. 7242.,7242. |
| Parties | UNITED STATES v. WALDON. |
| Court | U.S. Court of Appeals — Seventh Circuit |
Julius Reznik, of Chicago, Ill., for appellant.
Wm. J. Campbell, U. S. Atty., of Chicago, Ill., for appellee.
Before SPARKS and KERNER, Circuit Judges, and BRIGGLE, District Judge.
The appellant was charged by grand jury indictment with certain offenses against the postal service. 18 U.S.C.A. §§ 317 and 320. The charges grew out of an alleged attempt of the defendant and two confederates to rob a United States mail car on the railroad operated by the Illinois Central Railway Company.
The indictment was in seven paragraphs. The first three counts charged the defendant with destroying certain mail matter; counts four and five respectively, charged separate assaults upon two custodians of the mail, with intent to steal it; count six charged defendant with wounding one custodian; and count seven charged him with jeopardizing the other custodian's life by the use of a revolver. The appellant pleaded not guilty, and he was tried by a jury. He was found guilty on all the charges, and judgment was rendered upon the verdict. He was sentenced to serve five years, consecutively, on each of the first five counts; twenty-five years, consecutively, on counts six and seven; and a fine of $10,000 was imposed on each of counts six and seven. The time on counts six and seven was to run concurrently with the sentences on the first five counts. From that judgment this appeal is prosecuted.
All of the material allegations of each count of the indictment were abundantly supported by substantial evidence, and the only alleged error arises out of the admission of certain evidence elicited by the District Attorney on the cross-examination of the appellant.
The indictment charged appellant with previously having used eight aliases, and the cross-examination upon which the alleged error is based, is as follows:
When a party or his attorney desires to object to a question, it is elemental that he should state to the court his reasons or his grounds for that objection. It will be noted in this case that appellant's counsel nowhere in this cross-examination assigns any reasons for any objection, nor does he make any motion to strike the objectionable answer. The only motion he makes is for the court to remove a juror in the cause, and no grounds or reasons were given to the court in support of that motion. After it was denied and counsel was ordered to proceed, he asked the court for permission to state the grounds of his motion to remove the juror, and of course the court very properly did not grant it.
It is apparent, however, from the context, that the court, in refusing the motion, considered that it was based upon the theory that it could not be shown on cross-examination that a defendant had been previously convicted of a crime, for in refusing the motion he stated that the rule was otherwise in the federal court. It is difficult, however, to determine the precise reasons for appellant's objections. It should be noted that in the beginning of the cross-examination they were directed to the proof of the aliases, and as the cross-examination proceeds it is not possible to tell with certainty whether his objections are based upon the admission of the aliases, or upon the introduction of the former conviction. Of course, there was no error in admitting his confession of the aliases, and as the court construed the objection to be based upon the evidence of the former conviction, and appellant has assigned that as the only basis for his appeal, we shall so consider it, regardless of the improper forms of the objections and motions.
When a defendant in a criminal action takes the stand, he takes with him his character and reputation. He is supported by more than his own testimony, for the law presumes that his reputation is good with respect to all elements involved in the crime with which he is charged. For this reason it has...
To continue reading
Request your trial
-
United States v. Johnson
...1409. Compare United States v. Reed, 2 Cir., 96 F.2d 785, certiorari denied 305 U.S. 612, 59 S.Ct. 71, 83 L.Ed. 399; United States v. Waldon, 7 Cir., 114 F.2d 982, certiorari denied 312 U.S. 681, 61 S.Ct. 549, 85 L.Ed. But quite apart from the foregoing, the witness answered but three quest......
-
Lovely v. United States, 5843.
...1083; Simon v. United States, 4 Cir., 123 F.2d 80, 85, certiorari denied 314 U.S. 694, 62 S.Ct. 412, 86 L.Ed. 555; United States v. Waldon, 7 Cir., 114 F.2d 982, 984, certiorari denied 312 U.S. 681, 61 S.Ct. 549, 85 L.Ed. 1119; Christopoulo v. United States, 4 Cir., 230 F. 788; Fields v. Un......
-
Dowling Bros. Distilling Co. v. United States
...F.2d 522, 523; Williams v. United States, 5 Cir., 46 F.2d 731, 732; Edwards v. United States, 8 Cir., 18 F.2d 402, 403; United States v. Waldon, 7 Cir., 114 F.2d 982; United States v. Skidmore, 7 Cir., 123 F.2d 604; United States v. Rubenstein, 2 Cir., 151 F.2d The final grievance of the ap......
-
United States v. Harris
...209, 213; United States v. Tandaric, 7 Cir., 152 F.2d 3, 6; United States v. Gardzielewski, 7 Cir., 125 F.2d 138, 141; United States v. Waldon, 7 Cir., 114 F.2d 982, 984. Further, it must be presumed that the jury conscientiously observed the instructions of the court. United States v. Spad......