United States v. Arthur Homer Sluder

457 F.2d 703, 1972 U.S. App. LEXIS 11217
CourtCourt of Appeals for the Tenth Circuit
DecidedFebruary 18, 1972
Docket71-1102
StatusPublished
Cited by11 cases

This text of 457 F.2d 703 (United States v. Arthur Homer Sluder) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Arthur Homer Sluder, 457 F.2d 703, 1972 U.S. App. LEXIS 11217 (10th Cir. 1972).

Opinion

ORIE L. PHILLIPS, Circuit Judge.

An indictment was returned in the United States District Court for the District of New Mexico, charging that on or about July 15, 1969, in such District, Sluder “did * * * forge the name of * * * Robert A. Moreshead, on United States Treasury Check No. 96,- *705 200,898, in the amount of $97.50, dated July 10, 1969, * * * ”

Sluder pleaded not guilty, was tried, and on a jury verdict of guilty was convicted and sentenced to imprisonment for three years. He has appealed.

The evidence adduced at the trial was clearly sufficient to warrant the jury in finding beyond a reasonable doubt these facts:

Moreshead was an investigator for the Civil Service Commission and an employee of the United States. Before July 13, 1969, he had been transferred from Lubbock, Texas, to Albuquerque, New Mexico. He arrived in Albuquerque on July 13, 1969, traveling in his automobile. He registered at the Sands Motel. Thereafter, and about 10 p. m. on July 13, 1969, he went to Eddie’s Inferno Night Club and parked his automobile in the club parking lot. When he entered the club, he took off his coat, hung it over a chair at the table to which he was assigned, and went to the men’s restroom. He returned to his table from the restroom, but did not notice the absence of his coat until shortly before midnight. His keys were in the coat. On discovering that the coat was gone, he immediately went to the club parking lot and discovered that his automobile was also gone. Thereupon, he notified the police. They recovered his automobile about 1 a. m. and returned it to him about 1:30 a. m. on July 14, 1969.

When Moreshead parked his automobile in such parking lot, he left in it the check described in the indictment, which was introduced as Plaintiff’s Exhibit 1, and also two credit cards. Appendix I, appended hereto, is a copy of the check and the endorsements thereon. Neither the check nor the credit cards were in Moreshead’s automobile when it was returned to him.

On cross-examination of Moreshead, counsel for Sluder brought out that Moreshead had not unpacked his automobile, and had left in it at the club parking lot golf clubs, a golf cart, wearing apparel, a briefcase, and suitcases, and that all of them and also the spare tire were missing when his automobile was returned to him by the police.

Written on the back of the check in the place for endorsement were the names, “Robert A. Moreshead” and “Sarah Moreshead.” Moreshead did not write either of such names or endorsements on such check, and did not authorize Sluder or anyone else to write them, and he did not endorse or negotiate the check at any time.

One of the credit cards was issued by Standard Oil of Kentucky (Chevron) and the other by Humble Oil and Refining Company (Esso). Each credit card authorized Moreshead to purchase on credit from the dealers of the issuer thereof petroleum products and other goods and services, which such issuer authorized its dealers to sell on credit.

Six credit card charge slips were introduced in evidence as Plaintiff’s Exhibit 2, and two credit card charge slips were introduced as Plaintiff’s Exhibit 3. Appendix II, is a copy of Plaintiff’s Exhibits 2 and 3. Moreshead’s number on one of such credit cards was 917-239-411-7, and that number was stamped on each of such eight charge slips.

Under the heading “Buyer’s Signature” or the heading “Received By” on six of such charge slips was written “Robert Moreshead”; on one of the other charge slips the words “Robt. Mores-head” were written, and on the other charge slip only the word “Moreshead” was written.

Six of such eight charge slips had written thereon, under the heading “License Number,” “14-8398” and under the heading “State,” “N.M.”; and two of them had written thereon, under the heading “Year,” “1969.”

The records in the New Mexico Department of Motor Vehicles show that a 1967 Chevrolet “Spt. Cpe.” was transferred to Marie Fitzgerald in 1968 and a certificate of title was issued to her therefor; that she continued to own it until July 27, 1970; and that during the months of October and November, 1969, *706 such Chevrolet, bearing license number 14-8398, was registered in such Department as belonging to Marie Fitzgerald.

Moreshead had never owned nor used an automobile bearing license number 14-8398.

B. J. Diers was employed by the H. Cook Sporting Goods Company at its Winroek store in Albuquerque on July 15, 1969. On that date, Diers cashed the check, Plaintiff’s Exhibit 1, at such sporting goods store for a lady. The check bore the endorsements “Robert A. Moreshead” and “Sarah Moreshead.” Diers described the lady who cashed the cheek as “approximately thirty years of age, light brown and blond hair, rather slender.” He testified that she was accompanied by another woman, whom he could not describe. He testified that he had examined the check, Plaintiff’s Exhibit 1, and that it bore his initials and showed it was cashed from his drawer at the store.

On Form 1607 of the United States Secret Service, Moreshead furnished to such Service specimens of his handwriting, consisting of his signature written three times and the words and figures “P 0 Box 1291 Lubbock Tex.” written three times. Such specimens were identified as Plaintiff’s Exhibit 4 and introduced in evidence. Appendix III is a copy of Plaintiff’s Exhibit 4.

On December 30, 1969, William H. Hoge, Jr., was an Agent of the United States Secret Service, and Phillip Snyder was a Special Agent of the Federal Bureau of Investigation, hereinafter referred to as the F.B.I. On that date, they together interviewed Sluder at the Montessa Park Detention Center in Albuquerque, New Mexico. Before either of them asked Sluder any questions, Hoge identified himself to Sluder, showed Sluder his credentials, and then read to Sluder a form entitled “Warning and Consent to Speak,” used by the United States Secret Service. The first five paragraphs of the form fully and clearly explained to Sluder all of his rights. The sixth paragraph of the form, headed “Consent to Speak,” which was signed by Sluder, read:

“I have read this statement of my rights and it has been read to me, and I understand what my rights are. I am willing to make a statement and answer questions. I do not want a lawyer. I understand and know what I am doing. No promises or threats have been made to me and no pressure or coercion of any kind has been used against me.”

The form was identified as Plaintiff’s Exhibit 5 and introduced in evidence.

Before either Hoge or Snyder asked Sluder any questions, Snyder also presented to Sluder a form entitled “Interrogation; Advice of Rights,” used by the F.B.I. The first four paragraphs thereof fully and clearly explained to Sluder his rights. The fifth paragraph read:

“I have read this statement of my rights and I understand what my rights are. I am willing to make a statement and answer questions. I do not want a lawyer at this time. I understand and know what I am doing. No promises or threats have been made to me, and no pressure or coercion of any kind has been used against me.”

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Cite This Page — Counsel Stack

Bluebook (online)
457 F.2d 703, 1972 U.S. App. LEXIS 11217, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-arthur-homer-sluder-ca10-1972.