United States v. Flavis C. Pierce

411 F.2d 678, 1969 U.S. App. LEXIS 12314

• Court: Court of Appeals for the Fifth Circuit
• Decided: May 20, 1969
• Docket: 26945_1
• Status: Published

Opinion

PER CURIAM:

This appeal is from a conviction for causing to be transported in interstate commerce, with fraudulent intent, a falsely made and forged check, knowing it to be falsely made and forged. 18 U. S.C.A. § 2314. 1

The refusal to grant a continuance at the request of appellant because of the absence of a defense witness was in the discretion of the trial court, and that discretion was not abused. Barnes v. United States, 374 F.2d 126 (5th Cir.), cert. denied, 389 U.S. 917, 88 S.Ct. 246, 19 L.Ed.2d 273 (1967). McShann v. United States, 38 F.2d 635 (5th Cir. 1930).

The court did not err in admitting the testimony of the witness Charles Leverett of admissions made to him by appellant concerning where appellant had secured checks of the type which he was charged with transporting, even though the admissions implied the checks had been stolen. Matthews v. United States, 5 Cir. 1969, 407 F.2d 1371, Mar. 3, 1969; Samora v. United States, 5 Cir. 1969, 406 F.2d 1095.

Affirmed.

1 . Under Rule 18 the Court has placed this case on the Summary Calendar for disposition without oral argument. See Murphy v. Houma Well Service, 5 Cir. 1969, 409 F.2d 804, pt. I; Floyd v. Resor, 5 Cir., 1969, 409 F.2d 714, 715, n. 2.