Carrigan v. United States. Calmes v. United States. Davidson v. United States
Opinion
Opinion
Orr, J.
Appellants Carrigan, Calmes and Davidson (known as Jack Reynolds) separately appeal from a judgement of conviction on a charge of a conspiracy to defraud the United States, as defined in 18 U.S.C.A. § 371 .
Notwithstanding appellants’- separate appeals they have common grounds of complaint, viz., that the general conspiracy alleged in the indictment was not proved and that the Court misdirected the jury.
At all times pertinent, - one Phil Davis stood convicted of a crime against the United States; Church was an employee of Davis; Carrigan was a United States Marshal; Calmes was a deputy United States Marshal, and Davidson an acquaintance of Carrigan.
It is urged by appellant Carrigan that there is no substantial evidence of (a) a continuing conspiracy from on or about January 27, 1931, up to and including April 15, 1951; (b) a conspiracy existing on or before January 27, 1951; (c) a conspiracy to which -the appellant Carrigan was a party on or before March 26, 1951; (d) a conspiracy to which any of those named in the indictment as co-conspirators, other than Davis and Church and appellant Calmes and Carrigan, were parties after March 26, 1951.