John Edward Stowers v. United States

Appellant, together with an alleged confederate, one Kirtley, was charged with scheming to obtain money by false pretenses and unlawfully causing interstate transmittal of the money. 18 U.S.C. § 1343 . Kirtley pleaded guilty to the charge, and appellant was convicted in a jury trial. In the same trial, the jury determined that appellant was guilty of two of twelve offenses with which he alone was accused in a separate indictment. One of the two offenses of which appellant was found guilty under the separate indictment was also the violation of Section 1343 of Title 18. The other involved the interstate transmission of a telephone communication in which appellant was alleged to have conveyed threats with the unlawful intent to extort money. 18 U.S.C. § 875 (d).

Shortly after their arrests, appellant and Kirtley were confined in the same cell, where they engaged in conversation. During the trial, Kirtley testified that in-the conversation, appellant had made certain statements which appellant contends were incriminating “admissions” which, under the circumstances, were improperly received as evidence.

The oral statements can hardly be characterized as “admissions.” When Kirtley…