Raymond Winthrop Wade v. United States

Ninth Circuit

Raymond Winthrop Wade v. United States

256 F.2d 333, 1958 U.S. App. LEXIS 4340

CourtCourt of Appeals for the Ninth Circuit

DecidedMarch 24, 1958

Docket726_1

StatusPublished

This text of 256 F.2d 333 (Raymond Winthrop Wade v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Raymond Winthrop Wade v. United States, 256 F.2d 333, 1958 U.S. App. LEXIS 4340 (9th Cir. 1958).

Pincite

Opinion

PER CURIAM.

Defendant Raymond Winthrop Wade moves to appeal in forma pauperis from a conviction of transporting stolen automobiles in interstate commerce, knowing them to have been stolen (18 U.S.C. § 2312). The trial judge certified that the appeal was not taken in good faith. Counsel for appellant certifies that the trial was had before the District Judge without a jury. The error alleged is that, over objection, “evidence was admitted concerning the transportation of stolen automobiles not charged in the indictment when there was no showing that defendant knew they were stolen.” The primary defense was that defendant did not know the cars charged in the indictment were stolen. This is not sufficient showing by counsel for defendant of presumptive error. The Assistant United States Attorney who tried the case certifies that “virtually all evidence was introduced without any objections, including over 100 written documents which, among other things, consisted of certified copies of motor vehicle records of this State, the State of Washington, and other States,” and that the “case was one which was primarily concerned with credibility.” This showing by counsel for the government is sufficient in connection with the certificate of the trial judge in a case tried without a jury.

Motion denied.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Defendant Raymond Winthrop Wade moves to appeal in forma pauperis from a conviction of transporting stolen automobiles in interstate commerce, knowing them to have been stolen (18 U.S.C. § 2312). The trial judge certified that the appeal was not taken in good faith. Counsel for appellant certifies that the trial was had before the District Judge without a jury. The error alleged is that, over objection, “evidence was admitted concerning the transportation of stolen automobiles not charged in the indictment when there was no showing that defendant knew they were stolen.” The primary defense was that defendant did not know the cars charged in the indictment were stolen. This is not sufficient showing by counsel for defendant of presumptive error. The Assistant United States Attorney who tried the case certifies that “virtually all evidence was introduced without any objections, including over 100 written documents which, among other things, consisted of certified copies of motor vehicle records of this State, the State of Washington, and other States,” and that the “case was one which was primarily concerned with credibility.” This showing by counsel for the government is sufficient in connection with the certificate of the trial judge in a case tried without a jury.

Motion denied.

Cite This Page — Counsel Stack

Bluebook (online)

256 F.2d 333, 1958 U.S. App. LEXIS 4340, Counsel Stack Legal Research, https://law.counselstack.com/opinion/raymond-winthrop-wade-v-united-states-ca9-1958.

Opinion

Related

Cite This Page — Counsel Stack