John Paul Williams and Frederick Austin Cuff v. United States

Nonappealing codefendant Miller was ■charged with transporting a stolen Ford Thunderbird automobile from Los Ange-les, California, to Las Vegas, Nevada — • across a state line — and hence a violation of 18 U.S.C. § 2312 . The two appealing defendants, Williams and Cuff, were named as aiders and abettors of the alleged crime. 18 U.S.C. § 2 .

Trial was had before the court without a jury. The defendant Miller, early in the trial, changed his plea to guilty. The trial proceeded as to the two remaining defendants. Defendant Miller, before his sentence on his guilty plea, testified for the government and against Williams and Cuff. Jurisdiction rests here on appeal. 28 U.S.C. § 1291 .

Two errors are alleged on this appeal:

1. Defendant Miller was coerced and his testimony tainted and colored by his expectation of leniency, and* that there was no corroboration of the testimony of Miller, an accomplice.

2. The appellants Williams and Cuff withdrew from the plan or scheme before consummation thereof.

There is, of course, no question but that the non-appealing and guilty pleading Miller stole the automobile and transported it across state lines. Did the other defendants aid and…