United States v. Yager
| Decision Date | 06 June 1955 |
| Docket Number | No. 11342.,11342. |
| Citation | 220 F.2d 795 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. James Bell YAGER, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Seventh Circuit |
James Bell Yager, pro se.
Jack C. Brown, U. S. Atty., Indian-apolis, Ind., Stephen Leonard, Asst. U. S. Atty., Anderson, Ind., Robert J. Wilson, Asst. U. S. Atty., Indianapolis, Ind., Edgar D. Whitcomb, Asst. U. S. Atty., Mount Vernon, Ind., Don A. Tabbert, Asst. U. S. Atty., Indianapolis, Ind., for appellee.
Before DUFFY, Chief Judge, and MAJOR and SCHNACKENBERG, Circuit Judges.
Writ of Certiorari Denied June 6, 1955. See 75 S.Ct. 895.
The one count indictment herein charged the defendant with violation of Title 18, U.S.C.A. § 2312, in that defendant unlawfully transported in interstate commerce a stolen motor vehicle knowing the same to have been stolen. After a trial and jury verdict defendant was adjudged "Guilty".
On this appeal defendant urges that the evidence is insufficient to support the verdict of "Guilty". Defendant also urges that the Court committed error in the denial of two motions, (1) for a continuance, and (2) for a new trial.
The evidence established, in fact without dispute, that defendant drove a 1953 Mercury automobile from Indianapolis, Indiana, to Louisville, Kentucky, which automobile was, at that time, owned by Monarch Buick Co., Inc. of Indianapolis. Defendant claimed that Glen Martin, an Assistant Manager of Monarch Buick used-car lot, gave him permission to make the trip. Martin emphatically denied that any such permission was given. Without detailing the other evidence there was plenty of credible testimony to establish that defendant took the automobile without the owner's permission. It is, of course, fundamental that on this appeal the evidence must be viewed in the light most favorable to the government, and that it is no part of our functions to weigh conflicting testimony. United States v. Detente, 7 Cir., 199 F.2d 286, 288. We hold the evidence herein was sufficient to sustain the verdict of guilty and the judgment of conviction.
When the case was called for trial defendant's attorneys moved for a continuance. Defendant had previously employed counsel who later withdrew from the case with the consent of defendant. There is some dispute as to whether defendant had a six or twelve day notice of such withdrawal. On the day when the trial opened defendant employed two attorneys who entered their appearance and, as the case was called, they presented the motion for continuance, claiming that they had been employed only an hour or two previously. There also was some contention with reference to subpoenaing a witness, but upon inquiry it was learned that the witness...
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