United States v. Grimes

8 C.M.A. 568, 8 USCMA 568, 25 C.M.R. 72, 1958 CMA LEXIS 745, 1958 WL 3070
CourtUnited States Court of Military Appeals
DecidedJanuary 3, 1958
DocketNo. 9898
StatusPublished

This text of 8 C.M.A. 568 (United States v. Grimes) is published on Counsel Stack Legal Research, covering United States Court of Military Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Grimes, 8 C.M.A. 568, 8 USCMA 568, 25 C.M.R. 72, 1958 CMA LEXIS 745, 1958 WL 3070 (cma 1958).

Opinions

[569]*569Opinion of the Court

Robert E. Quinn, Chief Judge:

The accused were tried in common by a special court-martial for the misappropriation of an Air Force jeep. One of the two issues presented for our review concerns the sufficiency of the evidence to support the findings of guilty.

At the trial it was established that about 9:30 o’clock on the night of October 2, 1956, Staff Sergeant D. L. Burnam parked an Air Force jeep in the Supply Squadron area at Nouasseur Air Depot, Morocco, Africa. The next morning at about 7 o’clock he discovered that the jeep was missing. He reported the loss to the Air Police, and was advised that the vehicle was “outside.” He went to the Air Police Squadron parking lot and found the jeep.

To connect the accused with the movement of the vehicle, the prosecution called a number of witnesses. Air Policeman E. P. Clark, who was on patrol duty, testified that about 1:30 a.m. on October 3, he saw the accused drive out of the Depot in a jeep through Gate No. 1. The accused Grimes was driving, and Knopp was “riding.” As Grimes passed the gate, he slowed down somewhat, and called out something which the witness did not hear. However, he did not stop, as required, to show a trip ticket for the vehicle and his identification card. Clark called the Air Police office to ascertain if the accused were on duty. He had seen the two about midnight at guard mount and they had appeared to him to be “under the influence of alcohol.” Completing his call, Clark set out in pursuit of the accused. He did not catch up with them. Although Clark identified the accused as the persons in the jeep, nowhere in his testimony did he describe the vehicle. Airman R. E. Pritzel, Jr., one of the guards at Gate No. 1, also testified in regard to the incident. He did not get “much of a look” at the vehicle, and he could not describe it.

Two other Air Policemen testified for the Government. Airman Beers said that he was on duty from 12:30 to 7:00 a.m. on October 3. About 6:30 a.m. he was dispatched by the Air Police Squadron Desk .Sergeant to the civilian Central Police Station at Casablanca, to “pick up two Airman [sic] Basics.” He was accompanied by an interpreter, and apparently also by Airman First Class Seehrest. Arriving at the station he found the accused. He then drove a jeep, which had been parked “inside” the Central Police parking area, “back to Nouasseur.” He did not know how the jeep had gotten to Central Police Station. Neither did he know why the civilian police had taken the accused into custody. As far as he knew they “could have been picked up for anything.”

Airman .First Class T. R. Seehrest testified that he was “patrol stand-by in the office.” He was in the office when a report came in from the Main Gate. The desk sergeant called the French police “for a pick-up on an American jeep and them two airmen [the accused].”1 Seehrest was “ordered to go out and look for a jeep with two airmen” and he was “told . . . the last three numbers of the jeep.” At an undisclosed time, he was also in the office when a call came in from the civilian police at Casablanca advising that “they had apprehended two Americans” and they wanted a patrol to pick them up. He proceeded to the Central Police Station. Through his interpreter he was told by the French Police, “Plere are the two men that they picked up with the jeep.”8 He found the accused “in one of the offices.” He also found “an American style jeep” at the station. The “last three numbers of the jeep” corresponded with the numbers which had been previously given to him. He re-tuimed with the jeep to Air Police [570]*570Headquarters. Finally, Airman Sech-rest testified that he had no knowledge of a report of a “stolen” jeep unless “you want to class that [the report that an Airman had “run the gate”] as a stolen jeep.”

A substantial question is raised by the failure of the president of the special court-martial to rule on the several objections by defense counsel to Airman Sechrest’s testimony. However, we can pass this matter to reach the core of our problem, namely, does the evidence establish a connection between the accused and Sergeant Burnam’s jeep? The testimony of three of the five Government witnesses does not remotely show such connection. Burn-am testified only to the absence of his jeep from the place where he had parked it and its recovery the next morning at the Air Police Squadron Parking lot. Clark and Pritzel offered nothing more than the fact that they saw the accused in a jeep. Clark did not describe the vehicle, and Pritzel affirmatively stated that he could not do so. Airman Beers testified that he picked up the accused and a jeep at the civilian Central Police Station and returned them to the Air Depot, but nothing in his testimony links the accused even with the jeep that he obtained at the Central Station. As he testified, so far as he knew the accused “could have been picked up for anything.” Consequently, the findings of guilty must find their support in Airman Sechrest’s testimony.

The loose way in which Airman Sech-rest was examined makes it difficult to establish the chronology of his testimony. However, it is significant that he testified he had no knowledge of any report of a “stolen” jeep. This testimony accords with Airman Beer’s statement that he, an interpreter, and apparently Sechrest, left the Air Depot for the Central Police Station at about 6:30 a.m. and Sergeant Burnam’s testimony that he reported the loss of his jeep to the Air Police at about 7:00 a.m. It appears, therefore, that Sech-rest’s testimony that he was informed of the last three digits of the number on the jeep driven by the accused is unrelated to the possible inference that Burnam identified his jeep by number when he reported its loss. Since Clark’s testimony does not suggest identification of the accused’s jeep by number, it is also doubtful whether the evidence supports the inference that the number given to Sechrest came from the report from the Main Gate. However, assuming the validity of the inference that the report provided the “last three” digits of the identification number of the accused’s jeep, Sechrest’s subsequent identification of that jeep at the Central Police Station does not establish any link between that jeep and the one purportedly taken from Sergeant Burnam.

Two other circumstances emphasize the gap in identification. First, not one witness testified to even a single point of similarity between the two. True, Sergeant Burnam testified that he identified the jeep he recovered at the Air Police Squadron parking lot as his by checking the number on his trip ticket against the number on the jeep. He thought that the last four digits “were 6913” but he would not “swear to it.” He also recognized it “by the two doors in the back” of the vehicle. Sechrest also identified the jeep he obtained at the civilian police by number; but he did not give the number, and his testimony excludes any inference that he had any information as to the number on Burnam’s jeep. Neither, therefore, connects the identifying number on Burnam’s jeep with that on the accused’s. Second, there is no evidence to show that the jeep brought from the Central Police Station was the one claimed by Sergeant Burnam. Sergeant Burnam testified that he picked up his jeep from the Air Police Squadron parking lot on the morning of October 3, 1956. The evidence does not show that the accused’s vehicle was parked in that place.

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Related

United States v. McCrary
1 C.M.A. 1 (United States Court of Military Appeals, 1951)
United States v. Dodd
2 C.M.A. 94 (United States Court of Military Appeals, 1952)
United States v. Duffy
3 C.M.A. 20 (United States Court of Military Appeals, 1953)

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Bluebook (online)
8 C.M.A. 568, 8 USCMA 568, 25 C.M.R. 72, 1958 CMA LEXIS 745, 1958 WL 3070, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-grimes-cma-1958.