Fred John Corey and Mary Carolyn Fulghum v. United States

Good Law
305 F.2d 232
United States Court of Appeals for the Ninth CircuitAugust 1, 196217566California3,363 words

Opinion

Opinion

Browning, J.

The defendants were tried before a jury and convicted of violating the Mail Fraud Act ( 18 U.S.C. § 1342 ) and the National Stolen Property Act ( 18 U.S.C. §§ 2314 and 2315), and of conspiring to violate those Acts ( 18 U.S.C. § 371 ). They have appealed, urging error in the admission of certain evidence and insufficiency of the evidence as a whole. We affirm.

The evidence may be summarized as follows:

A large quantity of jewelry was stolen from a jewelry store in Las Vegas, Nevada on May 31,1960. On June 20, 1960, defendants Mary Fulghum and Fred Corey were seen together at the Las Vegas Airport. After a brief conversation, they separated. Mrs. Fulghum started toward her car in the parking lot. Corey went to the baggage checking counter and picked up a suitcase. At that point both defendants were arrested by Las Vegas police. The suitcase was opened with a key taken from Corey’s pocket. It contained part of the stolen jewelry.

Asked if he had “any more of this same merchandise,” Corey denied that the jewelry belonged to him, and stated “I have never seen it before in my life.” Mrs. Fulghum said nothing. Both were taken to the police station and questioned.

A month later, on…

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