William Joseph Rodgers v. United States

Rodgers appeals from a judgment of conviction, upon the verdict of a jury, of a violation of the Dyer Act, 18 U.S.C. § 2313 , interstate transportation of a stolen motor vehicle, knowing the same to have been stolen. We reverse.

1. The proceedings before a Commissioner in Colorado.

Rodgers was arrested in Colorado where he was brought before a United States Commissioner. The record shows full compliance with the requirements of Rule 40(b), F.R.Crim.P. Rodgers waived hearing and the appointment of counsel. A warrant of removal issued in due course. It is now urged that the Colorado Commissioner should have gone farther and made sure that Rodgers fully understood what he was doing. We do not decide this question. For all that appears in the record, the Commissioner did what Rodgers says that he should have done. The record does not support the contention. No decided case that we know of supports it either.

2. The voir dire examination of the jury.

Nothing in the record supports the assertions now made that counsel had no basis on which to exercise peremptory challenges because counsel was not permitted to examine each juror individually. Pursuant to Rule 24(a), F.R.Crim.P., the…