Martin Louie JOHNS, Appellant, v. UNITED STATES of America, Appellee

United States Court of Appeals for the Tenth Circuit1955-11-03No. No. 5174

227 F.2d 374

Summary · law.co

Holding. The conviction is affirmed. The court found no reversible error in the trial proceedings based on the issues Johns presented, including his challenges to accomplice testimony, the denial of his directed verdict motion, the joinder of defendants, and the admission of co-defendant statements.

Martin Louie Johns was convicted along with a co-defendant of interstate transportation of a stolen motor vehicle. On appeal, Johns raised several challenges to his conviction, including whether he could be convicted based solely on an accomplice's uncorroborated testimony, whether the trial court erred in denying his motion for a directed verdict, whether he should have been tried separately from his co-defendant, and whether the court improperly admitted statements made by his co-defendant.

The appellate court found that while an accomplice's testimony alone can support a conviction if the jury finds it credible, juries should be instructed to scrutinize such testimony carefully and not rely on it without corroboration. The court could not review the sufficiency of the evidence challenge because the complete record was not provided on appeal. The court also determined that by proceeding with his own defense after the directed verdict motion was denied, Johns waived his objection to that ruling absent manifest error. Additionally, no motion for separate trial was made in the record, but the court noted that denying such a motion would only constitute error if there was an abuse of discretion. The admission of the co-defendant's statements was proper because the jury received a limiting instruction that such statements could only be considered against the co-defendant.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

Whether a conviction can rest on uncorroborated accomplice testimony
Sufficiency of evidence when complete trial record is not provided on appeal
Waiver of directed verdict objections by proceeding with defense evidence
Joinder of defendants and right to separate trial
Admissibility of co-defendant statements with limiting jury instruction

Procedural posture

Johns appealed his conviction for interstate transportation of a stolen motor vehicle after trial and sentencing.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion · public domain

majority opinion

PICKETT, Circuit Judge.

The appellant Johns was tried, convicted and sentenced with a co-defendant on an indictment charging the interstate transportation of a motor vehicle, knowing it to have been stolen in violation of 18 U.S.C.A. § 2312. The record contains only a portion of the evidence of the prosecution and none of the defense. The appellant’s designation required only the inclusion of the testimony of an admitted accomplice, an Agent of the Federal Bureau of Investigation, and a former sheriff of Creek County, Oklahoma.

The appellant has prepared his appeal without the assistance of counsel and it appears that the principal question which he raises is whether he may be convicted upon the uncorroborated testimony of an accomplice. The prosecution used the testimony of an accomplice, but it is impossible to ascertain whether this testimony was uncorroborated because all the evidence is not before this court. Assuming, however, that it was uncorroborated, there is no absolute rule of law which prevents a conviction on the testimony of accomplices if the jury believes them. The jury should be cautioned in such cases that testimony of accomplices must be carefully scrutinized, weighed with great caution and that too much reliance should not be placed upon it unless corroborated. Caminetti v. United States, 242 U.S. 470, 495, 37 S. Ct. 192, 61 L.Ed. 442; Nilva v. United States, 8 Cir., 212 F.2d 115, certiorari denied 348 U.S. 825, 75 S.Ct. 40; McQuaid v. United States, 91 U.S.App.D.C. 229, 198 F.2d 987, certiorari denied 344 U.S. 929, 73 S.Ct. 499, 97 L.Ed. 715; Hall v. United States, 10 Cir., 109 F.2d 976; Arnold v. United States, 10 Cir., 94 F.2d 499; Reger v. United States, 10 Cir., 46 F.2d 38. The record does not include the court’s instructions, and the failure to give an instruction on the uncorroborated testimony of an accomplice is not urged as a ground for reversal.

It is suggested that the court erred in overruling the appellant’s motion for a directed verdict made at the conclusion of the prosecution’s case. Where the question of the sufficiency of the evidence is raised, it is the duty of the appellant to include in the record a complete transcript or statement of the evidence, in the absence of which the question cannot be considered on appeal. Fed.Rules Crim.Proc. rule 39(b), 18 U.S. C.A.; Fed.Rules of Civ.Proe. rule 75(a), 28 U.S.C.A.; Adkins v. E. I. DuPont De Nemours & Co., 10 Cir., 176 F.2d 661, certiorari denied 338 U.S. 895, 70 S.Ct. 234, 94 L.Ed. 550; McBee v. United States, 10 Cir., 126 F.2d 238, certiorari denied 317 U.S. 691, 63 S.Ct. 263, 87 L. Ed. 554; Metropolitan Life Ins. Co. v. Banion, 10 Cir., 106 F.2d 561; Peresipka v. Elgin, Joliet & Eastern Railway Co., 7 Cir., 217 F.2d 182; Blake v. Trainer, 79 U.S.App.D.C. 360, 148 F.2d 10; Zander v. Lutheran Brotherhood of Minneapolis, Minn., 8 Cir., 137 F.2d 17.

It appears that after the motion for a directed verdict was denied, the appellant introduced evidence in his defense. The law is settled that when the defense proceeds, an objection to the denial of a motion for a directed verdict is waived and the action of the trial court will not be considered on appeal except where there is manifest error and it is necessary to prevent a miscarriage of justice. Fed.Rules of Cr.Proc. rule 52 (b), 18 U.S.C.A.; Crabb v. United States, 10 Cir., 99 F.2d 325; Keady v. United States, 10 Cir., 62 F.2d 689; Knight v. United States, 5 Cir., 213 F.2d 699; Battle v. United States, 92 U.S.App. D.C. 220, 206 F.2d 440. The record does not disclose such error.

The indictment charged three defendants jointly. One pleaded guilty, and the other two stood trial. Johns contends that it was error for the court to require him to be tried with a co-defendant. The record does not disclose that a motion was made for a severance under Rule 14 of the Federal Rules of Criminal Procedure, but had such motion been made, the granting of a severance would have been within the discretion of the trial court and a denial of such motion is error only on abuse of discretion. Edwards v. United States, 10 Cir., 206 F.2d 855; Dauer v. United States, 10 Cir., 189 F.2d 343, certiorari denied 342 U.S. 898, 72 S.Ct. 232, 96 L.Ed. 672; Long v. United States, 10 Cir., 160 F.2d 706; Latses v. United States, 10 Cir., 45 F.2d 949; United States v. Perl, 2 Cir., 210 F.2d 457.

It is also urged that the court erred in admitting statements of a co-defendant which implicated the appellant. When the evidence was received, the court instructed the jury that statements made by the co-defendant were to be considered as evidence against the co- defendant only, and not as evidence against the appellant. With this instruction, admission of the evidence was not error. Lutwak v. United States, 344 U.S. 604, 73 S.Ct. 481, 97 L.Ed. 593; Troutman v. United States, 10 Cir., 100 F.2d 628; United States v. Harris, 7 Cir., 211 F.2d 656, certiorari denied 348 U.S. 322, 75 S.Ct. 34; Robinson v. United States, 93 U.S.App.D.C. 347, 210 F.2d 29.

The foregoing are the only matters presented by the appeal which warrant consideration.

Affirmed.