Joseph N. D'Argento and James A. Caparusso v. United States

Joseph N. D’Argento appeals from his convictions and three concurrent five year sentences. He and James A. Caparusso were charged in a four count indictment on March 25, 1964, with violation of 18 U.S.C. 371 (Conspiracy), and 18 U.S.C. 659 (Theft from interstate shipment and possession of stolen goods). Defendants were found guilty on the three counts by the jury on April 17, 1964. The fourth count was dismissed.

Since the trial James A. Caparusso has died. His appeal is subject to dismissal as the prosecution abates on the death of the defendant. Daniel v. United States, 268 F.2d 849 (5 Cir. 1959); Crooker v. United States, 325 F.2d 318 (8 Cir. 1963). The evidence will be discussed here as though the appeal was by both convicted defendants.

On this appeal error is claimed by appellant as follows:

1. That the evidence was insufficient to sustain a finding of guilty on any of the three counts as there was no evidence that the goods were removed from Interstate Commerce, that there was no evidence of knowledge or intent and no evidence of agreement.

2. That prejudicial and inadmissible evidence was received over objection and consisted of:

3. That defendants were denied an…