United States v. Dwaine C. Scott

Dwaine C. Scott was indicted on one count of entering a Federal Savings and Loan Association at Phoenix, Arizona on May 25, 1970, with the intent to commit a felony therein, in violation of 18 U.S. C. § 2113(a), and one count of taking and carrying away with intent to steal, certain money and property óf a Federal Savings and Loan Association in violation of 18 U.S.C. § 2113 (b). Later a grand jury returned a two count superceding indictment charging him with having committed the above offenses. He was tried to a jury and a verdict returned finding him guilty on both counts. His appeal to this court challenges error in the admission of evidence and the insufficiency of the evidence. We affirm.

A representative of the Association identified one of its own blank checks and a packet of travelers checks as having been taken during a nighttime burglary of the institution. An F. B.I. fingerprint expert identified latent fingerprints on these two exhibits as coinciding with known prints of the defendant. They had been sent to him in Washington, D. C. from St. Louis, Missouri for examination approximately one month after the theft. It is the admissibility of this evidence to which the…