United States v. Curley King

Curley King was convicted and sentenced, after a non-jury trial, for knowingly and wilfully concealing information concerning the robbery of a national bank, in violation of 18 U.S.C. § 4 (1964). He appeals, arguing that the evidence is insufficient to sustain the conviction and that 18 U.S.C. § 4 is unconstitutional as applied in this case.

Insofar as relevant for the purposes of this appeal, the indictment charges, in effect, that on April 29, 1966, in Los Angeles County, California, defendant, having knowledge of the commission of a robbery of the Vermont and Thirtieth Street Branch of the Bank of America, by Sharon Elizabeth Weston, Burley James King and Jackie Jean Dixon, wilfully concealed information concerning the participants therein, and did not, as soon as possible, make known that information to a judge or other person in civil authority under the United States.

In order to obtain a conviction on this charge, it was necessary for the Government to prove beyond a reasonable doubt that: (1) one or more of the principals had committed and completed the described robbery on or prior to April 29, 1966, (2) defendant had full knowledge of that fact, (3) defendant failed…

(dissenting):

The totality of evidence supports the lower Court’s finding that defendant took an affirmative step to conceal the crime. Beyond question, he had knowledge of the commission of the crime. That he knew the money was stolen and received some of it is crystal clear. A principal witness testified defendant received “half” of the stolen money. Later, the same witness said defendant received “some” of the money. In my view, it is of little importance whether he received “half” or “some” of the money. In either case, he took an af *698 firmative step to conceal the crime. The suggestion that he might have received the money in payment of a debt is pure speculation. Even if true, he knew the money was stolen and, consequently, knew its acceptance by him helped conceal the crime.

I fail to see the constitutional problems envisioned by the majority. Defendant, knowing the money was stolen, could have refused acceptance and reported the crime to the authorities or, in the alternative, he could have accepted the money and immediately delivered the evidence to the Government. If the logic of the majority is followed to its natural conclusion, one knowingly receiving and keeping…

402 F.2d 694 UNITED STATES of America, Appellee, v. Curley KING, Appellant. No. 21553-A. United States Court of Appeals Ninth Circuit. Oct. 25, 1968. Carlos C. LaRoche, Robert Michael Zweig (argued), San Francisco, Cal., for appellant Culey King. William M. Byrne, Jr., U.S. Atty., Robert L. Brosio, Asst. U.S. Atty., Anthony M. Glassman, Asst. U.S. Atty., Los Angeles, Cal., (argued), for appellee United States. Before HAMLEY and MERRILL, Circuit Judges, and KILKENNY, District judge. * HAMLEY, Circuit judge: 1 Curley King was convicted and sentenced, after a non-jury trial, for knowingly and wilfully concealing information concerning the robbery of a notional bank, in violation of 18 U.S.C. 4 (1964). He appeals, arguing that the evidence is insufficient to sustain the conviction and that 18 U.S.C. 4 is unconstitutional as applied in this case. 1 2 Insofar as relevant for the purposes of this appeal, the indictment charges, in effect, that on April 29, 1966, in Los Angeles County, California, defendant, having knowledge of the commission of a robbery of the Vermont and Thirtieth Street Branch of the Bank of America, by Sharon Elizabeth Weston, Burley James King and Jackie Jean Dixon,…