James Monroe Evans v. United States

This is an appeal in forma pauperis (a) from a denial of a motion to suppress evidence and (b) from a two count conviction of the violation of 18 U.S.C. § 659 . The first count alleged the theft of two lizard-skin suitcases from an interstate shipment from Tampa, Florida to Sacramento, California, and the second count alleged the possession of two suitcases with goods of a value of $100 stolen from a foreign shipment (namely from Hawaii to England) with knowledge they had been so stolen.

Appellant moved to suppress certain evidence, which motion was denied. A jury was waived, and appellant was convicted on each of the two counts, receiving equal and concurrent sentences on each count.

Jurisdiction below rested on 18 U.S.C. §§ 659 and 3231. Jurisdiction here rests on 28 U.S.C. §§ 1291 and 1292.

I.

After a night of drinking in San Francisco, California, appellant and his friends (one a lady and the other a gentleman) had an unfriendly argument. Appellant and the lady repaired to appellant’s motel room in Millbrae. At the time they entered and she went to bed at about 3:00 or 3:30 A.M. there were no suitcases in his room. He left and returned an hour or so later. Because of a…