UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
FLAVIS C. PIERCE, DEFENDANT-APPELLANT
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The court held that the trial court did not abuse its discretion in refusing a continuance and did not err in admitting testimony of appellant's admissions.
Appellant was convicted for transporting falsely made and forged checks in interstate commerce. Appellant requested a continuance due to an absent wit…
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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.
. 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.
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Citator
Cited By
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United States v. Nakaladski, 481 F.2d 289 (5th Cir. 1973)
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United States v. Long, 449 F.2d 288 (8th Cir. 1971)
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United States v. Moriarty, 497 F.2d 486 (5th Cir. 1974)
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Murphy v. Houma Well Serv., 409 F.2d 804 (5th Cir. 1969)
- Matthews v. United States, 407 F.2d 1371 (5th Cir. 1969)
- Jackson v. Wilson, 389 U.S. 917 (U.S. 1967)
- Barnes v. United States, 389 U.S. 917 (U.S. 1967)
- Jackson C. Floyd v. Resor, 409 F.2d 714 (5th Cir. 1969)
- Samora v. United States, 406 F.2d 1095 (5th Cir. 1969)
- Elton Ray Barnes and Bunchie White v. United States, 374 F.2d 126 (5th Cir. 1967)
- McSHANN v. United States, 38 F.2d 635 (10th Cir. 1930)