Williamson v. United States, No. 18199.

CourtU.S. Court of Appeals — Fifth Circuit
Writing for the CourtJONES, Circuit , and JOHNSON and HOOPER
Citation285 F.2d 65
PartiesCharles Oliver WILLIAMSON, Appellant, v. UNITED STATES of America, Appellee.
Decision Date23 December 1960
Docket NumberNo. 18199.

285 F.2d 65 (1960)

Charles Oliver WILLIAMSON, Appellant,
v.
UNITED STATES of America, Appellee.

No. 18199.

United States Court of Appeals Fifth Circuit.

December 23, 1960.


Albert A. Roberts, East Point, Ga., for appellant.

William C. O'Kelley, Asst. U. S. Atty., Atlanta, Ga., Charles D. Read, Jr., U. S. Atty., Atlanta, Ga., for appellee.

Before JONES, Circuit Judge, and JOHNSON and HOOPER, District Judges.

HOOPER, District Judge.

Appellant, referred to herein as defendant, was found guilty on two counts of an indictment charging interstate transportation of a motor vehicle and concealment of the same (18 U.S.C.A. §§ 2312, 2313). He received a sentence of five years on each count to run concurrently. The court appointed counsel diligently represented defendant on the trial, as also on this appeal, and raises two questions for consideration, namely whether the evidence was sufficient to support the verdict, and secondly whether certain objects admitted in evidence upon the trial were obtained by an unlawful search and seizure, and these two questions will be discussed below:

(1) The evidence of guilt against the defendant, while circumstantial, was

legally sufficient. Soon after the automobile was stolen in Jacksonville, Florida, it was found parked on a city street in Atlanta. Defendant rode in a taxicab from the vicinity of the place where the car was parked to his home and was there arrested. Attached to the car was a license plate which had been stolen in Nahunta, Georgia (between Jacksonville and Atlanta). Defendant's fingerprints were found on the ash tray and the rear view mirror of the automobile. He had in his wallet records of the Georgia Motor Vehicle Department showing registration of the automobile in another name, and in his possession was found a key fitting the automobile. Defendant did not testify in his own behalf

(2) It is insisted that the court erred in admitting in evidence certain articles found in possession of defendant over the objection that such evidence was illegally obtained, in that the warrant under which he was then arrested was subsequently dismissed by the United States Commissioner. The record shows that subsequent to said arrest an additional warrant was taken out against the defendant charging the same offense contained in this indictment and that both warrants were before the United States Commissioner at the commitment hearing. It further appears that the warrant under which defendant...

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4 practice notes
  • United States v. Hanon, No. 19519-19521.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • June 8, 1970
    ...for a different offense. Gouled v. United States, 255 U.S. 298, 311, 41 S.Ct. 261, 65 L.Ed. 647;2 Williamson v. United States, 5 Cir., 285 F.2d 65; Harris v. United States, 10 Cir., 151 F.2d 837, 841. See Abel v. United States, 362 U.S. 217, 240, 80 S.Ct. 683, 4 L.Ed.2d The court committed ......
  • Jackson v. Bergeron, Misc. No. 1088.
    • United States
    • United States District Courts. 5th Circuit. United States District Court (Eastern District of Louisiana)
    • December 17, 1969
    ...v. United States, 315 F.2d 67 (CA 5— 1963), cert. den., 375 U.S. 826, 84 S.Ct. 68, 11 L.Ed.2d 58 (1963); Williamson v. United States, 285 F.2d 65 (CA 5— 1960); Dearinger v. United States, 378 F.2d 346 (CA 9—1967), cert. den., 389 U.S. 885, 88 S.Ct. 156, 19 L.Ed. There is still another reaso......
  • Little v. State, No. 58774
    • United States
    • United States Court of Appeals (Georgia)
    • April 10, 1980
    ...Little was arrested for a traffic violation and questioned about auto theft, such conduct is permissible. Williamson v. United States, 285 F.2d 65(2), 66 (5th Cir. 1960). It is permissible to arrest a person suspected of armed robbery and obtain a confession of murder, so long as he is advi......
  • Teal v. KINGS FARMS COMPANY, No. 13245.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • December 28, 1960
    ...to suspect that Gomez would act violently and would have had to have been able to control Gomez\' conduct. The plaintiff\'s evidence 285 F.2d 65 failed entirely to establish either of these The record below fails to disclose any evidence from which a jury could have reasonably found that de......
4 cases
  • United States v. Hanon, No. 19519-19521.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • June 8, 1970
    ...for a different offense. Gouled v. United States, 255 U.S. 298, 311, 41 S.Ct. 261, 65 L.Ed. 647;2 Williamson v. United States, 5 Cir., 285 F.2d 65; Harris v. United States, 10 Cir., 151 F.2d 837, 841. See Abel v. United States, 362 U.S. 217, 240, 80 S.Ct. 683, 4 L.Ed.2d The court committed ......
  • Jackson v. Bergeron, Misc. No. 1088.
    • United States
    • United States District Courts. 5th Circuit. United States District Court (Eastern District of Louisiana)
    • December 17, 1969
    ...v. United States, 315 F.2d 67 (CA 5— 1963), cert. den., 375 U.S. 826, 84 S.Ct. 68, 11 L.Ed.2d 58 (1963); Williamson v. United States, 285 F.2d 65 (CA 5— 1960); Dearinger v. United States, 378 F.2d 346 (CA 9—1967), cert. den., 389 U.S. 885, 88 S.Ct. 156, 19 L.Ed. There is still another reaso......
  • Little v. State, No. 58774
    • United States
    • United States Court of Appeals (Georgia)
    • April 10, 1980
    ...Little was arrested for a traffic violation and questioned about auto theft, such conduct is permissible. Williamson v. United States, 285 F.2d 65(2), 66 (5th Cir. 1960). It is permissible to arrest a person suspected of armed robbery and obtain a confession of murder, so long as he is advi......
  • Teal v. KINGS FARMS COMPANY, No. 13245.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • December 28, 1960
    ...to suspect that Gomez would act violently and would have had to have been able to control Gomez\' conduct. The plaintiff\'s evidence 285 F.2d 65 failed entirely to establish either of these The record below fails to disclose any evidence from which a jury could have reasonably found that de......

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