Green v. United States

D.C. Circuit

Green v. United States

188 F.2d 48

CourtCourt of Appeals for the D.C. Circuit

DecidedJune 4, 1951

Docket10797

StatusPublished

Cited by15 cases

This text of 188 F.2d 48 (Green v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Green v. United States, 188 F.2d 48 (D.C. Cir. 1951).

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Opinion

PER CURIAM.

Appellant has been convicted of obtaining money by false pretenses. D.C.Code (1940) § 22 — 1301, 50 Stat. 628. He represented a bad check as good and got a hotel to cash it. He then left the District of Columbia without paying his hotel bill. He was arrested in Tennessee, and returned here for trial, several years later.

The statute of limitations, on which he relies, did not run during his absence. This is true even if he did not, as apparently he did, leave to avoid prosecution. “The question is not whether he remained out of the District for any particular reason, or at all; it is enough that he did not remain for three years within the District.” McGowen v. United States, 70 App. D.C. 268, 269, 105 F.2d 791, 792, 124 A.L.R. 1047.

The court rightly admitted in evidence some 13 other bad checks which appellant represented as good, and for which he got cash, at about the same time as the one on which he was convicted. “The question was one of fraudulent intent or not; and upon questions of that sort * * * it has always been deemed allowable * * * to introduce evidence of other acts and doings of the party, of a kindred character.” Wood v. United States, 16 Pet. 341, 41 U.S. 341, 358, 10 L.Ed. 987. “Knowledge of the falsity of the other representations need not be shown * * * It is the mere recurrence of similar incorrect (not necessarily knowingly false) representations which leads to the belief that they could not have been made innocently; we may assume that any given one might have been innocent, but cannot concede this *49 when we notice the recurrence.” 2 Wig-more on Evidence, 3 ed., § 321(2) (c).

Since “jurisdiction in a criminal case is not impaired by the fact that the accused was brought before the court in an unlawful manner,” Sheehan v. Huff, 78 U.S.App.D.C. 391, 142 F.2d 81, we need not consider appellant’s criticism of the warrant on which he was arrested. Cf. Gillars v. United States, 87 U.S.App.D.C. 16, 182 F.2d 962, 972. "

We find no merit in appellant’s other contentions.

Affirmed.

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PER CURIAM.

Appellant has been convicted of obtaining money by false pretenses. D.C.Code (1940) § 22 — 1301, 50 Stat. 628. He represented a bad check as good and got a hotel to cash it. He then left the District of Columbia without paying his hotel bill. He was arrested in Tennessee, and returned here for trial, several years later.

The statute of limitations, on which he relies, did not run during his absence. This is true even if he did not, as apparently he did, leave to avoid prosecution. “The question is not whether he remained out of the District for any particular reason, or at all; it is enough that he did not remain for three years within the District.” McGowen v. United States, 70 App. D.C. 268, 269, 105 F.2d 791, 792, 124 A.L.R. 1047.

The court rightly admitted in evidence some 13 other bad checks which appellant represented as good, and for which he got cash, at about the same time as the one on which he was convicted. “The question was one of fraudulent intent or not; and upon questions of that sort * * * it has always been deemed allowable * * * to introduce evidence of other acts and doings of the party, of a kindred character.” Wood v. United States, 16 Pet. 341, 41 U.S. 341, 358, 10 L.Ed. 987. “Knowledge of the falsity of the other representations need not be shown * * * It is the mere recurrence of similar incorrect (not necessarily knowingly false) representations which leads to the belief that they could not have been made innocently; we may assume that any given one might have been innocent, but cannot concede this *49 when we notice the recurrence.” 2 Wig-more on Evidence, 3 ed., § 321(2) (c).

Since “jurisdiction in a criminal case is not impaired by the fact that the accused was brought before the court in an unlawful manner,” Sheehan v. Huff, 78 U.S.App.D.C. 391, 142 F.2d 81, we need not consider appellant’s criticism of the warrant on which he was arrested. Cf. Gillars v. United States, 87 U.S.App.D.C. 16, 182 F.2d 962, 972. "

We find no merit in appellant’s other contentions.

Affirmed.

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