United States v. Jerry F. Desmond

Desmond appeals from his conviction upon six out of seven counts of an indictment for violating 18 U.S.C. § 2314 (interstate transportation of forged securities). He contends the court erred (1) in denying his motion for mistrial based on the admission of testimony about a crime for which he was not on trial, and (2) in failing to dismiss the seventh count of the indictment.

Mr. and Mrs. Travis testified that certain personal checks, traveler’s checks, and credit cards offered by the Government had been stolen from them in Nevada. Signatures on the checks were forged. Other witnesses testified to Desmond’s cashing the checks, in one instance using a stolen credit card for identification. A state detective testified that he had arrested Desmond in Texas on a charge of issuing stolen credit cards and, in a search of Desmond’s person incident to the arrest, he had found some of the stolen credit cards and checks, including the card that had been used to help Desmond cash one of the checks. Desmond’s counsel did not object to the introduction of the evidence tending to prove Desmond’s complicity in other crimes, but, after the detective described Desmond’s arrest and search, counsel…