Marion C. Bowman v. United States

Good Law
350 F.2d 913
United States Court of Appeals for the Ninth CircuitOctober 12, 196519336_1California1,943 words

Opinion

Opinion

Duniway, J.

This appeal is from a judgment of conviction, entered upon the verdict of a jury, under an indictment charging in one count that Bowman and six others conspired, in violation of 18 U.S.C. § 371 , to violate 18 U.S.C. § 2314 , interstate transportation of stolen goods, and in a second count charging that Bowman and four of the same six committed the substantive offense, in violation of 18 U.S.C. §§ 2 and 2314. Bowman was sentenced to five years and a fine of $10,000 on the first count, and to ten years on the second count, the two prison terms to run concurrently. He appeals.

The principal contention is that the court erred in overruling a claim of privilege against self-incrimination asserted by the witnesses Reves and Davie. Both of them were indicted, along with Bowman and others, on both counts. Davie pleaded guilty and Reves was convicted at a previous trial. When Davie took the stand he attempted to assert the privilege against self-incrimination on the ground that his testimony would incriminate him with the state (presumably the State of Nevada where the principal offense was committed). The court ruled that this was not a ground for assertion of the privilege and ordered…

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