Charles Grant v. United States of America, James Henry v. United States

These two appeals arise from convictions in one joint seven count indictment charging appellants and others with conspiracy ( 18 U.S.C. § 371 ); receiving stolen motor vehicles in interstate commerce ( 18 U.S.C. § 2313 ); and aiding and abetting ( 18 U.S.C. § 2 ). One defendant turned state’s evidence (Wooten) and he and defendants Campbell, Tucker and Taylor were convicted and did not appeal. Grant was found guilty of Counts 1, 2, 5, 6 and 7, and Henry of Counts 1, 2 and 4. Grant was sentenced to five concurrent three year terms, and Henry to three concurrent three year terms. Our jurisdiction on appeal rests on 28 U.S.C. § 1291 .

Appellant Henry raises but one point, the insufficiency of the evidence to convict. Grant raises the same point, and also that he was denied adequate representation by counsel.

The claimed insufficiency of the evidence as to each appellant rests on the proposition that the evidence of guilt rests largely on the testimony of codefendant Wooten, an accomplice; and that his testimony was “unbelievable.” We do not find it so. In this circuit it is unnecessary to corroborate the evidence of an accomplice. But were that our rule, we do not find any lack of…