Gary Francis Marcoux v. United States

Good Law
405 F.2d 719·1968 U.S. App. LEXIS 4333
United States Court of Appeals for the Ninth CircuitDecember 30, 196822863_1California1,694 words

Opinion

Opinion

Pope, J.

This is an appeal from a judgment and sentence ordered in the court below against the appellant pursuant to an indictment charging appellant with a violation of 18 U.S.C. § 2312 (transportation of stolen vehicle in interstate commerce). The appellant’s contentions are that there was insufficient evidence to show that the motor vehicle was stolen; that the police officers who stopped the appellant because of a minor traffic violation, had no right to require the appellant to produce the registration slip for the car, and hence that it was improperly received in evidence; and that there was error in making certain statements of defendant admissible after he had come into the custody of the officers because of failure to comply with the rules laid down in Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 , relating to the duty of officers to advise the accused of his rights.

We find that none of these contentions is valid or supported by the evidence in this case.

There was an abundance of evidence that the automobile in question was in fact stolen and that the appellant knew at the time he was driving it from California into Arizona that it was a stolen car. The…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.