Peace v. United States

Seventh Circuit

Peace v. United States

278 F. 180, 1921 U.S. App. LEXIS 1955

CourtCourt of Appeals for the Seventh Circuit

DecidedDecember 14, 1921

DocketNo. 2915

StatusPublished

Cited by2 cases

This text of 278 F. 180 (Peace v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh 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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Peace v. United States, 278 F. 180, 1921 U.S. App. LEXIS 1955 (7th Cir. 1921).

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Opinion

PER CURIAM.

Plaintiff in error was convicted of having felonious possession of property stolen from an interstate shipment.

[1] Evidence for the government was largely circumstantial. We are of opinion that a finding of guilt was reasonably deducible. As to the right of the jury to base a verdict of guilt upon circumstantial evidence, we refer to Applebaum v. United States (C. C. A.) 274 Fed. 43.

[2] Two of the government’s witnesses were convicted felons. Plaintiff in error’s contention that they were incompetent witnesses is based upon United States v. Reid, 12 How. 361, 13 L. Ed. 1023; Logan v. United States, 144 U. S. 263, 12 Sup. Ct. 617, 36 L. Ed. 429; and Benson v. United States, 146 U. S. 325, 13 Sup. Ct. 60, 36 L. Ed. 991. But the old common-law rule of the incompetency of felons was explicitly, «repudiated in Rosen v. United States, 245 U. S. 467, 38 Sup. Ct. 148, 62 L. Ed. 406.

The judgment is affirmed.

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PER CURIAM.

Plaintiff in error was convicted of having felonious possession of property stolen from an interstate shipment.

[1] Evidence for the government was largely circumstantial. We are of opinion that a finding of guilt was reasonably deducible. As to the right of the jury to base a verdict of guilt upon circumstantial evidence, we refer to Applebaum v. United States (C. C. A.) 274 Fed. 43.

[2] Two of the government’s witnesses were convicted felons. Plaintiff in error’s contention that they were incompetent witnesses is based upon United States v. Reid, 12 How. 361, 13 L. Ed. 1023; Logan v. United States, 144 U. S. 263, 12 Sup. Ct. 617, 36 L. Ed. 429; and Benson v. United States, 146 U. S. 325, 13 Sup. Ct. 60, 36 L. Ed. 991. But the old common-law rule of the incompetency of felons was explicitly, «repudiated in Rosen v. United States, 245 U. S. 467, 38 Sup. Ct. 148, 62 L. Ed. 406.

The judgment is affirmed.

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278 F. 180, 1921 U.S. App. LEXIS 1955, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peace-v-united-states-ca7-1921.

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