United States v. Leslie Vaughn Magness

Leslie V. Magness appeals from his conviction, after trial without a jury, of concealing Wayland Jean Ballard in order to prevent his apprehension, knowing that a warrant had been issued for Ballard’s arrest, in violation of 18 U.S.C. § 1071 . The ultimate question presented on appeal is whether the evidence is sufficient to support the finding of guilt. We reverse.

The testimony favorable to the Government is as follows: On December 19, 1970, Magness went to the Cress Motel in the small town of Cabazon, California, and rented Room 7, telling the operator that the room was for some people from out of the state. Magness paid fifteen dollars for a week’s rent. On December 22, 1970, a federal warrant for the arrest of Ballard, on a charge of unlawful flight to avoid prosecution for murder, was issued.

About December 26, 1970, Ballard, using the name Wilkins, registered at the Cress Motel as one of the persons for whom Magness had rented Room 7. Magness visited Room 7 several times while Ballard was there. Magness and Ballard were also seen together around town, although Ballard was always introduced as Wilkins. There is, however, no evidence to establish that no one in Cabazon,…