U.S. Court of Appeals for the Fifth Circuit, 1936

Leroy v. Government of Canal Zone

U.S. Court of Appeals for the Fifth Circuit · Decided February 19, 1936 · Sibley, Hutcheson, Walker

81 F.2d 914; 1936 U.S. App. LEXIS 3579 (Federal Reporter, Second Series)

Counsel

Richard G. Levy, of Ancon, Canal Zone, for appellant., J. J. McGuigan, U. S. Atty., of An-con, Canal Zone, and Rene A. Viosca, U. S. Atty., and Robert Weinstein, Asst. U. S. Atty., both of New Orleans, La., for appellee.

Cases that cite this one

19 later published cases cite this decision.

United States v. Rufus Eafie Harrell (5th Cir. 1970)
Alfred H. Osborne, Sr. v. United States (9th Cir. 1967)
United States v. William E. Fleetwood, III (5th Cir. 1976)
United States v. Lawrence Charles King (5th Cir. 1974)
Commonwealth v. Thomas (Pa. 1971)
United States v. Roy Lee Leach (5th Cir. 1990)
United States v. Fernando Miranda (5th Cir. 1979)
United States v. Jesse Gonzalez Aldaco and Guadalupe Navarro (5th Cir. 1977)
United States v. Billy Edward Davis, Sr., and Dennis Bates Fletcher (5th Cir. 1974)
J. B. Isaac v. United States (9th Cir. 1970)
United States v. Armando Restaino (3d Cir. 1966)
United States v. Elmo Senior (7th Cir. 1960)
United States v. Humble (United States Court of Military Appeals 1959)
State v. Kerley (N.C. 1957)
United States v. Rosenberg (District Court, E.D. Pennsylvania 1956)
William L. Babb v. United States (5th Cir. 1955)
United States v. Hall (2d Cir. 1950)
United States v. Toner (3d Cir. 1949)
United States v. Toner (District Court, E.D. Pennsylvania 1948)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

WALKER, Circuit Judge.

The appellant was separately tried and convicted under the same information which was described in the opinion rendered in the case of James Martin and Thomas Walters v. Government of the Canal Zone (C.C.A.) 81 F.(2d) 913. In the trial which resulted in the conviction which is now under review the court, over the objection of the appellant, admitted in evidence the record of the conviction of James Martin and Thomas Walters under the above-mentioned information. Where two or more persons have been jointly charged with the same criminal offense, but one of them is separately tried after the others have been convicted, the judgment of conviction on that charge against the latter is not admissible in evidence against the one of those persons who is separately and subsequently tried on such charge. The previous conviction of others charged with the same criminal offense is not proof of appellant’s guilt of that offense. People v. Kief, 126 N.Y. 661, 27 N.E. 556; State v. Bowker, 26 Or. 309, 38 P. 124; Campbell v. State, 133 Ala. 158, 32 So. 635; 16 C.J. 670. The judgment is reversed.

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