United States v. Jimmy Lee Napier

Good Law
518 F.2d 316·1 Fed. R. Serv. 77·1975 U.S. App. LEXIS 14238
United States Court of Appeals for the Ninth CircuitJune 13, 197574-2457California1,501 words

Opinion

Opinion

Sneed, J.

Defendant Jimmy Lee Napier was indicted on four counts of interstate transportation of a stolen motor vehicle in violation of 18 U.S.C. § 2312 (“Dyer Act”) and one count of interstate kidnapping in violation of 18 U.S.C. § 1201 (“Lindbergh Act”). Following a five-day jury trial, defendant was convicted by a jury on all counts.

Counts IV and V of the indictment, alleged that defendant kidnapped Mrs. Caruso in Oregon, transported her to Washington, and then drove her stolen car back to Oregon. There was very strong circumstantial evidence of defendant’s involvement in the incident. Mrs. Caruso, a resident of Portland, Oregon, was found unconscious, with severe head injuries, near Vancouver, Washington. A broken rifle lay by her body. Blood and hair on the hammer of the weapon matched those of Mrs. Caruso; the barrel of the gun bore the fingerprints of the defendant. Tire tracks nearby corresponded to those of the Caruso car, which was later recovered in Oregon. Defendant’s fingerprints were found on the car (including the steering wheel) and his personal papers and effects were discovered therein with Mrs. Caruso’s purse. Defendant interposed three principal defenses: (1)…

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.