United States v. Yant, 17165
Decision Date | 03 February 1967 |
Docket Number | 17166.,No. 17165,17165 |
Citation | 373 F.2d 543 |
Parties | UNITED STATES of America, Plaintiff-Appellee, v. Lawrence Ray YANT, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Luther Curtis DUCKWORTH, Defendant-Appellant. |
Court | U.S. Court of Appeals — Sixth Circuit |
Arthur L. Brooks, Jr. (Court-appointed), Lexington, Ky., for appellants.
James F. Cook, Asst. U. S. Atty., Lexington, Ky. (George I. Cline, U. S. Atty., Lexington, Ky., on the brief), for appellee.
Before O'SULLIVAN and EDWARDS, Circuit Judges, and BATTISTI,* District Judge.
Appellants Yant and Duckworth, along with another defendant named Decker, were charged with robbing the United States Postmistress at Barrier, Kentucky, and putting her life in jeopardy by the use of a dangerous weapon, in violation of Title 18 U.S.C. § 2114 (1964). All three were convicted after a jury trial and sentenced to mandatory sentences of 25 years.
Appellants contend on appeal that prejudicial error was committed at their trial by the admission of evidence seized at the time of their arrest in violation of their Fourth Amendment rights. Testimony pertaining to the claimed illegal search had been taken by the trial judge outside the presence of the jury. It disclosed that after the robbery of the Denneys in their home at Barrier, Kentucky, which resulted in the removal of a fishing tackle box full of property pertaining to their Barrier, Kentucky, post office, warrants for armed robbery had been issued for four people, including the two appellants herein.
The Postal Inspectors had information that Decker, the owner and driver of the automobile involved in this case, lived in Indianapolis, and a Postal Inspector named George A. Freeman called the Indianapolis police to ask their cooperation in watching for Decker's car. Freeman's testimony out of the presence of the jury before the United States District Judge follows:
Appellants' brief and oral argument accepted the essential facts which we have just recited from Inspector Freeman's testimony for purposes of the Fourth Amendment issue. By saying this we do not fail to note that defendants themselves in their testimony before the jury denied any participation in the...
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