Valentine v. United States
Decision Date | 29 August 1961 |
Docket Number | No. 16546.,16546. |
Citation | 293 F.2d 708 |
Court | U.S. Court of Appeals — Eighth Circuit |
Parties | Clifford VALENTINE, Appellant, v. UNITED STATES of America, Appellee. |
Wilson Gray, St. Louis, Mo., for appellant.
William C. Martin, Asst. U. S. Atty., St. Louis, Mo., for appellee, William H. Webster, U. S. Atty., St. Louis, Mo., on the brief, for appellee.
Before GARDNER, VOGEL and VAN OOSTERHOUT, Circuit Judges.
Appellant, hereinafter referred to as defendant, and thirteen others were charged in an indictment with the crime of conspiracy to violate Title 21, United States Code Annotated, Section 174. The indictment in part reads as follows:
"That from on or about August 1, 1958, and continuously and at all times thereafter, up to and including June 23, 1959, within the Eastern Division of the Eastern District of Missouri, and elsewhere, the defendants (names omitted) did willfully, knowingly, unlawfully and feloniously conspire, combine, confederate and agree with Otis Edwards, Minnie Stepter, also known as Minnie Taylor, Dorris Boyd, Chappell Monroe, Carril Johnson and Scott Westbrook, and they with each other and with divers other persons to the Grand Jury unknown, to receive, conceal, buy, sell, and facilitate the transportation, concealment, and sale of narcotic drugs after being imported and brought into the United States, knowing the same to have been imported and brought into the United States contrary to law, in violation of Title 21, United States Code, Section 174."
The indictment then sets out forty-two overt acts allegedly committed in furtherance of the conspiracy. As to the defendant Clifford Valentine the indictment alleged:
As to the overt acts of the defendant the grand jury charged:
All of the defendants except Clifford Valentine and one Sylvester Stewart pleaded guilty. On trial defendant and Sylvester Stewart were convicted. From the judgment of conviction both of the convicted defendants appealed but the appeal of Sylvester Stewart was dismissed and we have before us only the appeal of Clifford Valentine. In the trial court he was permitted to defend in forma pauperis. On his application to appeal in forma pauperis the trial court entered an order permitting him so to do but later, however, entered an order denying his application to prosecute the appeal in forma pauperis on the ground that the appeal was frivolous. Thereafter this court in effect allowed the appeal to be prosecuted in forma pauperis and appointed the same lawyer to represent him as had represented him in the trial court. The case was presented on an agreed statement as to the record made in the trial court, including the substance of the evidence submitted to the jury. The sufficiency of the evidence to sustain a verdict of guilty was challenged by motion for a directed verdict interposed at the close of all the testimony and was denied. The record is not clear as to the grounds on which defendant seeks reversal but we accept the statement of counsel for the government that the seven grounds stated in his motion to set aside the verdict are the grounds on which he seeks reversal. These grounds are as follows:
Inasmuch as the jury found defendant guilty we must take that view of the evidence most favorable to the jury's verdict. We must assume that the jury resolved all conflicts in the evidence favorable to the government, and the government is entitled to the benefit of all such favorable inferences as may reasonably be drawn from the facts proven, and if, when so viewed, there was a substantial question to present to the jury, then its verdict must be sustained. Alexander v. United States, 8 Cir., 241 F.2d 351.
As said by this court in Galatas v. United States, 8 Cir., 80 F.2d 15, 22, "Conspiracy is rarely susceptible of direct and positive proof, but it may be proven by circumstantial evidence." The Galatas case cites with approval Goode v. United States, 8 Cir., 58 F.2d 105; Cooper v. United States, 8 Cir., 9 F.2d 216; Smith v. United States, 8 Cir., 157 F. 721; Feigenbutz v. United States, 8 Cir., 65 F.2d 122. In Goode v. United States, supra 58 F.2d 107, it is said:
In Cooper v. United States, supra 9 F.2d 224, it is said, concerning the offense of conspiracy:
"It is practically always established by circumstantial evidence, and this method in no sense amounts to the building of one presumption upon another."
In Smith v. United States, supra, 157 F. 728, it is said:
...
To continue reading
Request your trial-
Koolish v. United States
...F.2d 465; Thogmartin v. United States, 8 Cir., 1963, 313 F.2d 589; Koop v. United States, 8 Cir., 1961, 296 F.2d 53; Valentine v. United States, 8 Cir., 1961, 293 F.2d 708. With that in mind, we have given consideration to the evidence produced by the government herein. The record before us......
-
U.S. v. Weston
...of goods used for an illegal purpose must have had knowledge of the conspiracy to illegally use the goods. Valentine v. United States, 293 F.2d 708, 712 (8th Cir.1961). There was sufficient evidence that Woodard knew of the conspiracy to manufacture and distribute methamphetamine and knowin......
-
United States v. Apollo
...States v. Reina, 242 F.2d 302, 306-307 (2d Cir.), cert. denied, 354 U.S. 913, 77 S.Ct. 1294, 1 L.Ed.2d 1427 (1957); Valentine v. United States, 293 F.2d 708 (8th Cir. 1961), cert. denied, 369 U.S. 830, 82 S.Ct. 848, 7 L.Ed.2d 795 (1962); but see United States v. Aviles, 274 F.2d 179, 189-19......
-
United States v. Sin Nagh Fong
...narcotics, had an interest in Rogers' success in redistributing the heroin which appellant had supplied. See e. g., Valentine v. United States, 293 F.2d 708 (8th Cir., 1961); United States v. Rich, 262 F.2d 415 (2d Cir., 1959); United States v. Tramaglino, 197 F.2d 928 (2d. Cir., 1952); Uni......