United States v. David Earl Johnson

456 F.2d 1035, 1972 U.S. App. LEXIS 10865

• Court: Court of Appeals for the Fifth Circuit
• Decided: March 8, 1972
• Docket: 71-3069
• Status: Published

Opinion

PER CURIAM:

Appellants were convicted of escape from federal custody after they had been convicted and sentenced for bank robbery. Collectively, they complain that the court erred (1) in admitting the original bank robbery judgment commitment orders on which returns had been made showing delivery of defendants to the Dougherty County, Georgia jail, together with an endorsement showing that defendants had escaped from this jail and had been recaptured; and (2) in refusing to direct verdicts of acquittal because the evidence was insufficient to prove the essential elements of the crime of escape. Each and both of the contentions are without merit as to each and all of the defendants.

This circuit’s recent decision in the United States v. Chapman, 455 F.2d 746 (5th Cir. 1972), together with the testimony of the Deputy United States Marshals who delivered these prisoners and the other proof of escape, disposed of contention (1). An examination of the evidence in the light most favorable to the United States discloses ample proof of escape to dispose of contention (2).

Affirmed.