James Douglas Devore v. United States

This is an appeal from a judgment convicting appellants of transporting a vehicle in interstate commerce, knowing it to have been stolen, in violation of 18 U.S.C. § 2312 . We hold that it was reversible error to admit proof implicating appellants in the unauthorized use of a stolen department store credit card.

On July 12, 1964, a Standard Oil Company credit card and a Birmingham, Alabama, department store “charg-a-plate” were stolen from a Mrs. A. L. Tramell, Jr. On July 17 an automobile was stolen from a James E. Stembridge, Jr. On July 26 appellants were apprehended in Arizona, driving the Stembridge automobile and using Mrs. Tramell’s Standard Oil credit card.

Appellants told the arresting officer that on July 18 in Birmingham they had been given the car and the credit card by a James Burt, and had agreed to drive the car to Los Angeles using the Standard Oil credit card to finance the trip. They said they did not know the car was stolen.

The district court permitted the government to prove, over appellants’ objection, that on July 15 and 16 certain merchandise was purchased from the Birmingham department store with Mrs. Tramell’s stolen “charg-a-plate”; and that appellant…