United States v. Valire Leon Mathews

Good Law
429 F.2d 497·1970 U.S. App. LEXIS 8498
United States Court of Appeals for the Ninth CircuitJune 25, 197023561California455 words

Opinion

Opinion

Wright, J.

This appeal is from a conviction of transporting a stolen money order in interstate commerce, 18 U.S.C. § 2314 . The only substantial issue is whether appellant’s confession was properly corroborated. We affirm.

On January 4, 1967, a blank money order was stolen from a supermarket in Long Beach, California. In early March, 1967, appellant presented it at a liquor store in Los Angeles and received $75.-00 in exchange. The money order was made payable to appellant and endorsed by him. The document was sent through banking channels to American Express Co. offices in New York.

Appellant concedes that the proof against him was sufficient to show all elements of the offense except knowledge that the money order was stolen. Knowledge is, of course, an essential element of the offense, as the government admits.

To show knowledge, the government introduced evidence of statements made by appellant to Agent White of the F.B.I. The agent testified that he had arrested appellant and given him the Miranda warnings. As the two of them were getting into an elevator at the Federal Courthouse in Los Angeles, appellant said, “It’s my money order; I knew it was hot.” He also offered to make…

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