United States v. Wilson
| Decision Date | 20 June 1966 |
| Docket Number | No. 15361.,15361. |
| Citation | 361 F.2d 134 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. George K. WILSON, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Seventh Circuit |
Palmer K. Ward, Indianapolis, Ind., for appellant.
Richard P. Stein, David W. Mernitz, Indianapolis, Ind., for appellee.
Before HASTINGS, Chief Judge, and DUFFY and SCHNACKENBERG, Circuit Judges.
George K. Wilson, defendant, appeals from a judgment of the district court, on a jury verdict, finding him guilty, as an accessory after the fact, in violation of Title 18 U.S.C. § 3, to the robbery by David William Scarbrough of a federally insured savings and loan association in Indianapolis, Indiana, as defined in Title 18 U.S.C. § 2113(a).
The indictment charged that defendant knew that Scarbrough had commited the robbery.
At the time of the trial of Wilson, Scarbrough had entered a plea of guilty and had been sentenced by the court. At the conclusion of its case in chief against Wilson, the government moved that the court call Scarbrough as a court's witness. Government counsel stated that it was apparent from the indictment that Scarbrough was a material witness to the events surrounding the charges then being tried but that he had given conflicting testimony to the government and it was unable to vouch for his credibility as a witness or to call him as its own witness.
Thereupon attorney Ward, representing Wilson, objected. The court, outside the presence of the jury, then called Scarbrough to the witness stand and he gave an account of the robbery, being followed by an agent of the Federal Bureau of Investigation who testified as to statements of Scarbrough prior to the trial which government counsel contended were inconsistent with his testimony on the witness stand. Thereupon the government's motion was withdrawn with the following statement by its counsel:
"* * * His Scarbrough\'s testimony has been elaborated so that the defendant is aware of what it can be, and since it appears to be favorable to the defendant\'s case, why, we will let the defendant make the choice as to whether he desires to call him. * *"
However defendant then made his defense before the jury without calling Scarbrough as his witness. Again the government made a motion that the court call Scarbrough as its own witness and the motion was granted over the objection of defense counsel.
The court said that either side might cross-examine the witness because neither side vouched for his credibility. Scarbrough was sworn as a witness again, this time in the presence of the jury which had returned to the courtroom. The court told the jury that Scarbrough was called as a court's witness which meant that neither side vouched for his credibility and that either side might cross-examine him. Only the government availed itself of this opportunity to cross-examine Scarbrough. It now contends, and we agree with it, that Scarbrough's testimony, if believed, was favorable to Wilson.
1. By proper motions made at the close of the government's case and at the close of all the evidence, Wilson's counsel contended that there was no evidence before the district court that he had knowledge that Scarbrough had committed the bank robbery, as charged.
The verdict of the jury must be sustained if there is substantial evidence, taking the view most favorable to the government, to support it. In brief summary, there was evidence tending to prove these facts: Wilson followed Scarbrough who was driving a disabled white 1961 Chevrolet car, up River Road at breakneck speed; when Scarbrough's car could proceed no farther he got into Howe's1 red Chevrolet car, which carried the proceeds of the robbery. Wilson watched all this. Within minutes, Howe and Wilson gave the latter car to Scarbrough and returned to the disabled Chevrolet in Wilson's Thunderbird car. They changed a tire on Scarbrough's Chevrolet in haste, removed a stolen license plate and hid it in the grass. Then Howe drove off in that Chevrolet and Wilson left in the Thunderbird.
We hold that...
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United States v. Phillips
...Its finding against defendant was a reasonable one to draw from the evidence and consequently may not be disturbed. United States v. Wilson, 361 F.2d 134, 136 (7th Cir. 1966). Testimony as to Previous Jail Defendant complains of Agent Pringle's direct examination testimony as to why defenda......
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